A Study On Edward H.levi's Theory Of Legal Reasoning

The Introduction to Legal Reasoning was published in 1949,and it carries all the ideas of Levi's legal reasoning.Edward Levy elaborated his theory from the three areas of case law,statute law and constitution,and described the outline of the legal reasoning process and revealed its internal rationality.As a moderate middle school,he did not have too radical words,but still expressed his ideological tendencies in his book.He explained to us that "legal reasoning has its own logic,and the legal system operates more than the critics." Legal realists believe that it is more orderly and less individual justice that varies from case to case.In the final conclusion,he concluded that the development of legal rules cannot be separated from social reality.The development of legal rules should not be considered in isolation,and we should persuade us to reflect on the purpose of legal reasoning and the process of reasoning.This article is divided into the following four sections:In the first part,Levi's book is full of thoughts on the field of American legal reasoning.He believes that legal reasoning is not as claimed by legal formalism: "Judges have no subjective initiative in the process of judgment.It is simply a matter of applying the legal rules." The operation of the legal mechanism is also more orderly than the legal realism believes,and there are fewer individual justices that vary from case to case.Therefore,this thesis starts from the origin of American legal thoughts,combs the foundation from the foundation of natural law theory to the rise of legal formalism,and then to the whole process of legal realism,and discusses the legal reasoning of Levi in the context of American legal doctrine.Doctrine so as to deepen the understanding of its legal reasoning doctrine.In the second part,this paper selects the classic cases in Levi's discourse,and focuses on the interpretation of the precedents of the classification of “intrinsic dangerous goods” and “potential dangerous goods” and the factual identification in the case under trial.The second-level concept group derived from “interstate commerce” in the “Articles” and the opposing legal concepts of “business” and “manufacturing” play an important guiding role in the judgment of judges.Levi showed us the process of the continuous development of the connotation and extension of the "external manifestation" of legal concepts in the process of applying legal rules.In the process of continuous development and change of legal concepts,it promoted the identification of facts and legal rules.The benign interaction between the applications vividly explains the operation mechanism of the legal rules in the legal system,and shows the ambiguity of the legal rules vocabulary and the flexibility of the application of legal rules.In the third part,this paper reveals the theory of Levi's legal reasoning theory about the development track of the precedent of judges in the process of judicial practice.First of all,it clarifies the understanding of the dynamic properties of the precedent itself in Levi's theory,and its different positions and roles in the three fields of case law,statute law and constitution.Secondly,in the many cases listed by Levi,this paper selects a series of cases under the background of Mann Law to sort out the case.On the one hand,it clarifies that once the precedent is established,it has a binding effect.On the other hand,the precedent is not once established.In the judicial practice,the judge's personal opinions have a certain influence on the judgment result of the case,but the changes of the legal rules are not subject to the personal opinions of the judges,but also the social related factors.In the fourth part,this article will discuss their influence on judges' judgments from two aspects: political factors and social factors.From the perspective of political factors,this paper selects the important time nodes proposed by Roosevelt's New Deal and the "Policy Reform Proposal" to reveal the attitude of the Supreme Court in the face of the New Deal's attempt to establish a bill.Judging the greater impact of the case;in terms of social factors,this article clarifies the court's efforts to demonstrate “protection of public rights” and “maintaining public moral rules” in the judgment,focusing on protecting the rights and interests of citizens to achieve Good collaboration between the court and society.