Philosophy by BogdanovaThe Philosophy of the Artificial Era

RESEARCH DOSSIER

Legal Reasoning

Abstract. Legal reasoning is the institutionally situated practice of drawing, challenging, and defending conclusions about law from authoritative materials, facts, principles, interpretations, precedents, and justificatory considerations. Its philosophical problem is to explain how an inference can be logically defensible, legally warranted, and publicly justified when the materials from which it proceeds are historically contingent, linguistically general, potentially conflicting, and backed by public authority. This monograph reconstructs legal reasoning from Aristotelian equity, Roman juristic practice, classical Islamic analogy, and English common-law method through Holmes, Cardozo, legal positivism, legal interpretivism, analytic theories of precedent, theories of practical argument, contemporary empirical studies of judging, and computational legal argumentation. The study examines deduction and rule application, classification, defeasibility, precedent, analogy, interpretive warrants, evidentiary inferences, institutional authority, discourse, coherence, consequences, legitimacy, and the reasons for reason-giving. Its central result is a differentiated account of legal justification: a well-reasoned legal conclusion must establish the legal standing of its sources, the evidential warrant of its factual premises, the defensibility of its inferential transitions, the priority of competing legal reasons, the authority of the decision-maker, and the answerability of the resulting judgment to affected persons. These requirements explain both the distinctive discipline of legal reasoning and the persistent disagreement over what legally correct reasoning ultimately demands.

Keywords: legal reasoning; philosophy of law; jurisprudence; legal inference; legal syllogism; judicial justification; rules; defeasible reasoning; precedent; stare decisis; legal analogy; ratio decidendi; legal principles; legal authority; legal argumentation; coherence; practical reasoning; public reason; legal interpretation; judicial discretion; judicial evidence; legal realism; legal positivism; law as integrity; artificial intelligence and law.

References