Definition of Legal Reasoning

The idea of ​​reasoning alludes to the concept of reason, the faculty of the human being to understand reality. In this way, through our reasoning and the use of language we can describe some aspect of reality. If we apply the concept of reasoning to the field of right we are using legal reasoning.

Pillars that build Legal Reasoning

Several elements intervene in legal reasoning in a combined way. On the one hand, the laws of formal logic, that is, laws of thought without which it is impossible to argue correctly or develop a coherent discourse. On the other hand, there are elements of the dialectics, which in its strict sense means conversation technique. Finally, a process of argumentation is used based on the norms reflected in the law.

With these three elements, legal reasoning aims to arrive at a conclusion in the context of a problematic situation. At the same time, in the process of legal argumentation there is a circumstance that is evident: what is affirmed must be subject to the norms of law and the procedures legal established.

Development of a legal reasoning

When reaching a conclusion within the framework of law, one must start from a main argument, that is, a specific thesis. Based on it, a series of complementary arguments are presented that reinforce the main one. In other words, the complementary ideas or arguments act as reinforcement, in such a way that reasons are presented that support or justify the general approach. For this process to be carried out correctly, a series of elements must be used: references to standards, a criterion of justification and an interpretation of the rules themselves.

Legal reasoning involves the use of the deduction and induction, two opposite argumentation methods but that are part of any correct reasoning (deduction starts from a general idea or a law and a particular case is reached and the induction starts from concrete data and from them a more general conclusion is reached).

Argument tools, such as jurisprudence

In legal reasoning it is possible to use different argumentative strategies. One can be the appeal of a legal precedent, that is, jurisprudence. It is also feasible to resort to the authority argument or appeal to the reality of the facts.

Finally, in all legal reasoning there is an element in the argumentation that is not properly technical (norms, technical arguments, Deductive method or inductive or the resource of formal logic), since in all legal discourse there is a persuasive component, which has the purpose of convincing someone (a jury or a judge).