Abstract

AbstractUp to the present day, the theories of legal reasoning have been concerned with reasoning in the stages of interpretation and adjudication of laws. However, if a fundamental feature of legal reasoning is that it is actually bound by laws, then the theory of legal argumentation should also consider to what extent legislative argumentation is an assumption of rational legal reasoning: if legal reasoning is, as Alexy states, a special case of the general practical discourse, and the speciality of legal reasoning is a consequence of the requirement of being bound by legal laws, then legislative rationality can be considered a premise of the rationality of law interpretation and adjudication.

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