Abstract
Legal reasoning is commonly regarded as a reflective process, in which legal actors — be they ordinary citizens or judges and other legal officials — consciously incorporate legal norms into their deliberations when deciding what to do. However, this picture is misleading. The primary influence of legal norms on practical decision making takes place at a pre-reflective level. In this chapter, I offer an account of this pre-reflective dimension of law. I begin by examining the pre-reflective foundations of normative reasoning generally, and then turn to the place of legal norms within that picture.KeywordsLegal NormNormative ReasoningNormative InclinationNormative JudgementReflective ModelThese keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.
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