Legal philosophy and the study of legal reasoning
2021
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In this paper, I argue that legal philosophers ought to focus more on problems of legal reasoning. This is a field with many philosophically interesting questions to consider, but also, a field in which legal philosophers can contribute the most to the study and the practice of law. Neither legal practitioners nor legal scholars reason with the same care and precision as philosophers do. Against this background, I suggest that the following three types of questions regarding legal reasoning are especially worthy of serious consideration. The first is that of the relevance of the theory of reasons holism to legal reasoning. The second is the question of how to analyze (first-order) legal statements in a way that does not undermine the rationality of legal reasoning. And the third is the question of whether legal arguments are to be understood as deductive arguments, inductive arguments, or both, and if so how.
Ključne reči:
Reasons holism / Nature of law / Legal statements / Legal reasoning / Conceptual engineeringIzvor:
Anali Pravnog fakulteta u Beogradu, 2021, 69, 4, 795-811Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Spaak, Torben PY - 2021 UR - https://ralf.ius.bg.ac.rs/handle/123456789/1809 AB - In this paper, I argue that legal philosophers ought to focus more on problems of legal reasoning. This is a field with many philosophically interesting questions to consider, but also, a field in which legal philosophers can contribute the most to the study and the practice of law. Neither legal practitioners nor legal scholars reason with the same care and precision as philosophers do. Against this background, I suggest that the following three types of questions regarding legal reasoning are especially worthy of serious consideration. The first is that of the relevance of the theory of reasons holism to legal reasoning. The second is the question of how to analyze (first-order) legal statements in a way that does not undermine the rationality of legal reasoning. And the third is the question of whether legal arguments are to be understood as deductive arguments, inductive arguments, or both, and if so how. T2 - Anali Pravnog fakulteta u Beogradu T1 - Legal philosophy and the study of legal reasoning EP - 811 IS - 4 SP - 795 VL - 69 DO - 10.51204/Anali_PFBU_21405A UR - conv_3374_6 ER -
@article{ author = "Spaak, Torben", year = "2021", abstract = "In this paper, I argue that legal philosophers ought to focus more on problems of legal reasoning. This is a field with many philosophically interesting questions to consider, but also, a field in which legal philosophers can contribute the most to the study and the practice of law. Neither legal practitioners nor legal scholars reason with the same care and precision as philosophers do. Against this background, I suggest that the following three types of questions regarding legal reasoning are especially worthy of serious consideration. The first is that of the relevance of the theory of reasons holism to legal reasoning. The second is the question of how to analyze (first-order) legal statements in a way that does not undermine the rationality of legal reasoning. And the third is the question of whether legal arguments are to be understood as deductive arguments, inductive arguments, or both, and if so how.", journal = "Anali Pravnog fakulteta u Beogradu", title = "Legal philosophy and the study of legal reasoning", pages = "811-795", number = "4", volume = "69", doi = "10.51204/Anali_PFBU_21405A", url = "conv_3374_6" }
Spaak, T.. (2021). Legal philosophy and the study of legal reasoning. in Anali Pravnog fakulteta u Beogradu, 69(4), 795-811. https://doi.org/10.51204/Anali_PFBU_21405A conv_3374_6
Spaak T. Legal philosophy and the study of legal reasoning. in Anali Pravnog fakulteta u Beogradu. 2021;69(4):795-811. doi:10.51204/Anali_PFBU_21405A conv_3374_6 .
Spaak, Torben, "Legal philosophy and the study of legal reasoning" in Anali Pravnog fakulteta u Beogradu, 69, no. 4 (2021):795-811, https://doi.org/10.51204/Anali_PFBU_21405A ., conv_3374_6 .