Legal Reasoning

Topics: Logic, Reasoning, Inductive reasoning Pages: 4 (1200 words) Published: August 13, 2013
Legal Reasoning is a reasonable reasoning before the decision had been made. Legal reasoning required us to consider the criteria beyond those imposed by the strict necessity of logic. It has followed certain criteria or rules which applied in practical reasoning. For an example, a judge has to give judgment by following the precedent case and Federal Constitution, legislators have to predict the impact of their laws before amendment whereby following the two-third majority of Parliament and lawyers have to advice their clients by obeying the bar council. Therefore, the key link between all these activities is that they are built upon some kind of reasoning process. In short, the answer founded by judges, lawyers and legislators are not only based on the pre-existing knowledge of the law, but there is creativity of working out an answer according to a whole range of supposedly rational criteria. However, difference reasoning from having a reason. Reasoning reflects a particular kind of decision making process. The process of deciding on a given course of action based on rationality. It is important to distinguished reasoning from the colloquial ideal of “having a reason”. Because the people are quite relaxed about the use of language, it is easy, but wrong, to think of reasoning as simply a matter of cause and effect. But it is not, reasoning is the ability to arrive at a rational, calculated decision. Eg. As such, if Aaron punches Terence because Terence had called him names, Aaron has a reason. Aaron is angry with Terence and has decided to hit him. This is the most probably emotional response, it lacks rationality and anger has got in the way of the reasoning process. If now would Aaron still have punched Terence if he knew that Terence’s brother was a champion national boxer? Surely not, right? Because logic apply and Aaron will know that he will be beaten up by Terence’s brother. It is a law where we all know that surely Terence’s brother will surely knock...
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