On Reconstruction of Legal Reasoning Under the Perspective of Law Philosophy
Yin Da-shuan
Abstract
Yin Da-shuan
Abstract
In legal reasoning,the first condition is that the law must be consistent,predictable and computable. In the formulation of laws or legislation,in view of the fact that has already happened,we usually consider the general situation,and when it comes to cross problem which is difficult to be thoroughly thinking and marginal problems of institutional arrangements,we shall establish legal norms from the legal system that is extremely complex in the premise in reality and normative balance,and this process also involves the small premise legal facts,and when it links the process,we need to continuously explore legal facts and legal norms of the most reasonable,the most closely linked strategy for the truth to the standard conversion and conversion from regulations to trial,and we should explore the establishment of structural system about facts,norms and values and make the general logic culvert perturbation model consider the legal fact of applicable legal norms and legal norms of the mapping of the legal fact.
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In legal reasoning,the first condition is that the law must be consistent,predictable and computable. In the formulation of laws or legislation,in view of the fact that has already happened,we usually consider the general situation,and when it comes to cross problem which is difficult to be thoroughly thinking and marginal problems of institutional arrangements,we shall establish legal norms from the legal system that is extremely complex in the premise in reality and normative balance,and this process also involves the small premise legal facts,and when it links the process,we need to continuously explore legal facts and legal norms of the most reasonable,the most closely linked strategy for the truth to the standard conversion and conversion from regulations to trial,and we should explore the establishment of structural system about facts,norms and values and make the general logic culvert perturbation model consider the legal fact of applicable legal norms and legal norms of the mapping of the legal fact.
Key concepts: Premise, Legal realism, Normative, Law, Legal formalism, Legal norm, Empirical legal studies, Legal research