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The Research Of Defeasible Legal Reasoning

Posted on:2013-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:S WangFull Text:PDF
GTID:2246330374482313Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The legal reasoning is a way of thinking,to Provide reasonable grounds for the use of legal. It is based on the legal and the facts of the case and scientific rules. The law as a modern kind of adjustment tool for the society, so the application of legal reasoning is particularly important. Formal reasoning and substantive reasoning are the most common classification in jurisprudence. With the development of the society and the deepening study of law, this classification has been unable to meet the needs of the legal application. The characteristics of the law itself determines that the legal reasoning is defeasible, regardless it is formal reasoning or substantive reasoning.Defeasible legal reasoning is that:In a context,based on our cognitive ability the major premise is identified and the minor premise is identified,so we can get a identified conclusion in this wey of use syllogism. But,when something change that can affect the major premise or the minor premise.the conclusion will be uncertain too. Now,the only wey is to correct the major premise or the minor premise and get a new identified conclusion in this context. Three causes create the defeasibility of legal reasoning.the open of law and the generate of case facts and the acceptability of conclusion. Based on these three causes, defeasible legal reasoning was be classified three forms.the defeasibility of law and the defeasibility of case facts and the defeasibility of conclusion. Defeasible reasoning broaden the vision of legal reasoning research. Defeasible reasoning bring a new challenge to the realization of nomocracy. In-depth understanding the characteristics of legal reasoning,we can use of the limited conditions better, and get a correct conclusion, and then achieve a reasonable solution to the legal dispute, and ultimately the purpose of the rule of law.
Keywords/Search Tags:Legal reasoning, Logical reasoning, Formal reasoning, Syllogism, Defeasible reasoning
PDF Full Text Request
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