The Role of Legal Reasoning in the Conduct of Human Affairs

Abstract

Legal reasoning is part of the judicial process that revolves around what judges and courts do in deciding or adjudicating cases. The judicial process traditionally recognizes four major themes namely: legal reasoning, judicial discretion, precedent and statutory interpretation. This article focuses on legal reasoning. A judge makes a judgment about human affairs. There is a claim that he reasons about it and not many are prepared to accept such a claim; hence the interrogation: does reason actually play a role in human affairs? Opinions are divided between those who think that reason plays a role in human affairs and those who berate the role of reason and extol that of sentiment.

Keywords: Logic, Argumentation, Inductive, Persuasion, Inference, Morality and Intellect.

DOI: 10.7176/JLPG/87-08

Publication date:July 31^st 2019