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 | |
Electronic version | Download |