Arguments In Legal Reasoning

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Legal reasoning pertaining to requirements and application of law has taken two different pathways both practical and theoretical. The current chapter draws an outline of how the theoretical discourse on legal reasoning sets the limits of any feasible practical discourse on legal reasoning. One needs to view the literature spawning on this issue taking two different pathways not always coinciding but perhaps interlacing on and off. Chapter one delves to examine philosophical debates concerning legal methods and legal reasoning by legal philosophers and theorists. Contributions to the study of legal reasoning have been dedicated to understanding what is law? Several scholars have analysed to what end law serves a purpose? How do judges decide…show more content…
Consequently, the proper role of philosophical and economic arguments in legal reasoning can be undertaken only after a normative discussion on consequentialism is undertaken. Thereafter, for the purposes of locating the discourse on consequence based arguments in legal reasoning, this section would scrutinize the how law has appropriated consequentialism from moral and political philosophy and subsequently through law and economics…show more content…
Murphy, Lon Fuller and John Finnis by espousing that law is a rational standard for conduct and acknowledge that law is contoured with ambiguity and unclarity at its core . John Finnis states that legal definitions and rules have been formulated for society as follows

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