2016•Journal of Educational Institute of Jilin ProvinceRequires access

Routes on the Construction of the Major and Minor Premises in Legal Reasoning

Yin Da-shuan

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Abstract

Due to the complexity of real social and legal phenomena, legal reasoning involves a complex technical problem.From the general fact proposition to the legal fact, it not only need to refine the general rules, but also need to set up specific rules and classification categories to suit all kinds of case facts. Here, the application of legal norms and legal facts is not easy to confirm,the construction of legal reasoning will encounter difficulties. Legal reasoning is related to the legal fact and legal norm, the legitimacy of the law and the reflection of the legal logic. It is clear that the legal activities are not confined to a closed environment, the practical reason is filled with the practical problems of logical reasoning and scientific proof.

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What this paper is about

Due to the complexity of real social and legal phenomena, legal reasoning involves a complex technical problem.From the general fact proposition to the legal fact, it not only need to refine the general rules, but also need to set up specific rules and classification categories to suit all kinds of case facts. Here, the application of legal norms and legal facts is not easy to confirm,the construction of legal reasoning will encounter difficulties. Legal reasoning is related to the legal fact and legal norm, the legitimacy of the law and the reflection of the legal logic. It is clear that the legal activities are not confined to a closed environment, the practical reason is filled with the practical problems of logical reasoning and scientific proof.

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Available abstract

Due to the complexity of real social and legal phenomena, legal reasoning involves a complex technical problem.From the general fact proposition to the legal fact, it not only need to refine the general rules, but also need to set up specific rules and classification categories to suit all kinds of case facts. Here, the application of legal norms and legal facts is not easy to confirm,the construction of legal reasoning will encounter difficulties. Legal reasoning is related to the legal fact and legal norm, the legitimacy of the law and the reflection of the legal logic. It is clear that the legal activities are not confined to a closed environment, the practical reason is filled with the practical problems of logical reasoning and scientific proof.

Key concepts: Proposition, Deductive reasoning, Legitimacy, Legal realism, Legal norm, Legal profession, Legal research, Legal formalism

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