In most jurisdictions, courts are called upon to provide reasons to justify their ruling. The purpose of this requirement is to put judicial decision-making under control in accordance with the principles of legality, equal treatment, separation of powers and legal certainty. However, it is disputed whether legal reasoning by courts is a suitable means to this end or merely a rhetorical device that conceals the discretionary exercise of judicial power. This essay reconstructs the debate on this topic in the field of legal philosophy, and provides a model for the analysis of legal reasoning in contemporary civil law systems.
Legal reasoning
Canale, Damiano
2024
Abstract
In most jurisdictions, courts are called upon to provide reasons to justify their ruling. The purpose of this requirement is to put judicial decision-making under control in accordance with the principles of legality, equal treatment, separation of powers and legal certainty. However, it is disputed whether legal reasoning by courts is a suitable means to this end or merely a rhetorical device that conceals the discretionary exercise of judicial power. This essay reconstructs the debate on this topic in the field of legal philosophy, and provides a model for the analysis of legal reasoning in contemporary civil law systems.
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