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.
|Title of host publication||Introduction to law|
|Editors||J. Hage, A. Waltermann, B. Akkermans|
|Place of Publication||Cham|
|Number of pages||12|
|Publication status||Published - Aug 2017|