Abstract

The problem of rationality is implied in the theoretical analysis of the judicial application of law. Justification of a judicial decision is the one way of demonstrating the rationality of the decision and at the same time acting as a control on that rationality. Rationality analysed through the justification of decisions is based on the existence of rules of justificatory reasoning. These show the form of the decision by defining the way of inferring the conclusion from its premisses (par 2 below). Controversies about the legal syllogism are linked in part to the simplified conception of this reasoning as a syllogism of subsumption (Ch IX.1.1) and in part to divergent opinions about the role of particular kinds of logic in legal reasoning (par 3 below).

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