Abstract
‘Legal reasoning’ and its character have been under discussion for some time: the character, that is, of the reasoning which judges, advocates, solicitors, and others engaged in matters of legal practice and decision must pursue if their conclusions are to claim validity. Do they – or should they – reason on lines dictated by the laws of formal logic, i.e. deductively in the strict sense of that term? Or must we say that judges, and lawyers in general, cannot reach or justify conclusions on deductive lines, and that in fact – and quite legitimately – they use, in establishing and justifying conclusions, a mode of reasoning which is not deductive but has a quite different determinate character of its own? If so, what is that determinate character? Does it provide criteria whereby we may appriase legal argumentation in particular instances as valid or invalid or, at least, as rational or failing in rationality?
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