Legal reasoning

Jaap Hage*

*Corresponding author for this work

Research output: Chapter in Book/Report/Conference proceedingChapterProfessional

Abstract

Legal reasoning has several aspects. On the one hand it is necessary to determine which rules can play a role in legal arguments, which rules are legal rules. The formal sources of law, such as legislation, treaties and case law, play a central role in this connection. On the other hand it is necessary to determine how legal rules lead to consequences in concrete cases. How does reasoning with legislation, treaties and precedents work? this chapter briefly introduces to the role of sources in legal reasoning and to the techniques of legal reasoning with rules and cases, including canons of interpretation and principles for handling rule conflicts.keywordslegal reasoningguide dogsratio decidendimischief rulelegal decision makersthese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
Original languageEnglish
Title of host publicationIntroduction to law
EditorsJ. Hage, A. Waltermann, B. Akkermans
Place of PublicationCham
PublisherSpringer
Pages21-32
Number of pages12
Edition2
ISBN (Electronic)978-33-1957-252-9
ISBN (Print)978-33-1957-251-2
DOIs
Publication statusPublished - Aug 2017

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