The Inquiry On Substantive Legal Reasoning

Legal reasoning is usually divided into formal legal reasoning and substantive legal reasoning by scholars who hold different opinions on the criteria for the classification of them. Difference about criteria for the classification reflects their different understanding about the concept of substantive legal reasoning. The main content of this article is to explain the concept of substantive legal reasoning and to explore the substantive basis. This paper argues that substantive legal reasoning is based on substantive elements which including the economic basis, political basis, social basis and other substantive basis.This paper is divided into three chapters. The first chapter introduces four kinds of definition of substantive legal reasoning. This paper combed the study of domestic and foreign in the field of what is substantive legal reasoning and the methods of substantive legal reasoning, then, further analyzed these studies and summarized the consensus and disputes on the substantive legal reasoning so far.The second chapter's theme is substantive legal reasoning and formal legal reasoning. First of all, it provided a conceptual theoretical framework of substantive legal reasoning according to the presentation and analysis of reasoning and legal reasoning. Next, it clarified the definition and characteristics of substantive legal reasoning and formal legal reasoning. Finally, it discussed the relationship between substantive legal reasoning and formal legal reasoning, including the differences and connections, in order to further clarify the substantive legal reasoning.The third chapter's theme is the substantive basis of substantive legal reasoning. Firstly, it elaborated the substantive basis from four aspects, including the economic basis, political basis, social basis and other substantive basis. Secondly, it discussed the relationship between the substantive basis and methods of substantive legal reasoning, putting that all the substantive basis, which providing rationality and justification, can be found among the use of substantive legal reasoning methods.