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Legal reasoning is a structure of thought that, not only includes components of formal logic but also of dialectical logic, allowing us to discern the need of an analysis from the Philosophy of Law and also from the General Theory of Law. This kind of reasoning expects to achieve a certain degree of...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2009
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5618204 |
| Source: | Derecho y ciencias sociales, ISSN 1852-2971, Nº. 1 (Abril 2009), 2009, pags. 194-215 |
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| Summary: |
Legal reasoning is a structure of thought that, not only includes components of formal logic but also of dialectical logic, allowing us to discern the need of an analysis from the Philosophy of Law and also from the General Theory of Law. This kind of reasoning expects to achieve a certain degree of plausibility, being based on rhetorical arguments that constitute and structure it. The argumentative process is closely related to the normative interpretation, because it is necessary to fully understand the Law to be able to find criteria that support legal reasoning. About the interpretation made by an inferior court according to its resolutions, it is possible to exercise control of Logic with the aim of granting the highest degree of correction to this kind of reasoning |
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