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Article Syllogistic Model of Legal Reasoning: Between Traditionand Reality
Authors Uvarova O.
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1-2 / 2014
Pages 184 - 192
Annotation

The article provides an overview of the main provisions of the formalistsand realists schools on law applying and, in particular, on the elaboration of decision inthe case.It was concluded: Western legal thought uses the syllogistic model (legal norm asthe major premise, the factual circumstances of the case — the minor premise, anddecision — conclusion) to explain the process of legal reasoning. Domestic legaldoctrine describes the outer side of law applying by a syllogism, as a set of theprocedural actions, forming the corresponding stage. It is proposed to consider thesyllogistic model as a model of legal reasoning of law-applying decision.

Keywords law applying, formalists, realists, syllogism, hard cases, legal reasoning.
References
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