Essays On The Nature Of Law And Legal Reasoning Is The Penalty Effective Argumentative Essay
Thus legal rules are continually being made and remade.Also the “minor premises”—the facts of particular cases or the terms of particular legal problems —are not simply “there” but must be perceived and characterized, and this, too, requires interpretation and evaluation.
In a society that is undergoing a political revolution, such as the Soviet Union in the first years after 1917, legal reasoning may dissolve into the reasoning of politics and class struggle.
The main tenet that this article aims to establish is that judicial virtue is necessary for successful legal interpretation.
Theories of interpretation are exceedingly useful devices to guide and assess judicial reasoning, but they are limited in that the soundness of their outcomes is dependent upon the possession and exercise of judicial virtue.
Even the judgments of the ancient Greek oracles were believed to reflect a hidden consistency.
It is also characteristic of legal reasoning that it strives toward continuity in time; it looks to the authority of the past, embodied in previously declared rules and decisions, and it attempts to regulate social relations in such a way as to preserve stability.