Legal Reasoning Theories, Characteristics, Logical Forms, Argumentative Schemas

Document Type : Original Article

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Department of Philosophy - Faculty of Arts - Cairo University

Abstract

The concept of legal reasoning is a fundamental and pivotal concept in the litigation and judgment process, as it is used to search for a logical justification for judicial behavior and decisions, that is, to prove that the legal argument presented is sufficient, and thus persuade the court to reach positive results. Therefore, legal reasoning is defined as: “an attempt to interpert and explain general and necessary criteria in relation to what constitutes a good or bad argument, an acceptable or unacceptable kind of argument in law.” Given the importance of legal reasoning, there has been a lot of literature that dealt with it, which can be limited to two main approaches: the philosophical approach, and the logical approach.
As for the philosophical approach: it includes philosophers and jurists, whose attention - in general - focused on philosophical problems or issues related to law and legal systems; Such as the nature and definition of law, the necessary characteristics and conditions of legal systems, legal responsibility, the relationships between moral right and legal right, between moral obligation and legal obligation, the relationship between law and justice, and the relationship between logic and law. His (formal theory

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