Why Legal Reasoning has to be Unique
This article addresses the issue of the uniqueness of legal reasoning and, specifically, the author advances the thesis that what makes legal reasoning different from the reasoning employed in demonstrative and empirical sciences and matters of everyday life is not the actual form (scheme) of this...
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| Format: | Article |
| Language: | English |
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Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań
2017-09-01
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| Series: | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
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| Online Access: | https://pressto.amu.edu.pl/index.php/ppuam/article/view/12278 |
| _version_ | 1797839916096290816 |
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| author | Maciej Koszowski |
| author_facet | Maciej Koszowski |
| author_sort | Maciej Koszowski |
| collection | DOAJ |
| description |
This article addresses the issue of the uniqueness of legal reasoning and, specifically, the author advances the thesis that what makes legal reasoning different from the reasoning employed in demonstrative and empirical sciences and matters of everyday life is not the actual form (scheme) of this reasoning but the legal milieu. Thus, he tries to demonstrate that some features of law – such as its normative and prescriptive nature, difficulties with the verification of its content on empirical grounds, its limitations stemming from the physical world and dependence on humans and their minds, as well as the ‘unspecialized’ character of law agents and the extraordinary role of authority – influence legal reasoning as well. At the same time these features also allow this reasoning to be unique, despite its adoption of forms of inference that are present elsewhere.
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| first_indexed | 2024-04-09T16:04:47Z |
| format | Article |
| id | doaj.art-10a89ea077cd433094f45ea7e7ff2bb3 |
| institution | Directory Open Access Journal |
| issn | 2083-9782 2450-0976 |
| language | English |
| last_indexed | 2024-04-09T16:04:47Z |
| publishDate | 2017-09-01 |
| publisher | Adam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University Poznań |
| record_format | Article |
| series | Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza |
| spelling | doaj.art-10a89ea077cd433094f45ea7e7ff2bb32023-04-25T06:41:56ZengAdam Mickiewicz University, Faculty of Law and Administration of the Adam Mickiewicz University PoznańPrzegląd Prawniczy Uniwersytetu im. Adama Mickiewicza2083-97822450-09762017-09-01710.14746/ppuam.2017.7.20Why Legal Reasoning has to be UniqueMaciej Koszowski0Łazarski University in Warsaw, Faculty of Law and Administration, Świeradowska 43, 02–662 Warszawa, Republic of Poland This article addresses the issue of the uniqueness of legal reasoning and, specifically, the author advances the thesis that what makes legal reasoning different from the reasoning employed in demonstrative and empirical sciences and matters of everyday life is not the actual form (scheme) of this reasoning but the legal milieu. Thus, he tries to demonstrate that some features of law – such as its normative and prescriptive nature, difficulties with the verification of its content on empirical grounds, its limitations stemming from the physical world and dependence on humans and their minds, as well as the ‘unspecialized’ character of law agents and the extraordinary role of authority – influence legal reasoning as well. At the same time these features also allow this reasoning to be unique, despite its adoption of forms of inference that are present elsewhere. https://pressto.amu.edu.pl/index.php/ppuam/article/view/12278lawlegallawyersreasonreasoningthinking |
| spellingShingle | Maciej Koszowski Why Legal Reasoning has to be Unique Przegląd Prawniczy Uniwersytetu im. Adama Mickiewicza law legal lawyers reason reasoning thinking |
| title | Why Legal Reasoning has to be Unique |
| title_full | Why Legal Reasoning has to be Unique |
| title_fullStr | Why Legal Reasoning has to be Unique |
| title_full_unstemmed | Why Legal Reasoning has to be Unique |
| title_short | Why Legal Reasoning has to be Unique |
| title_sort | why legal reasoning has to be unique |
| topic | law legal lawyers reason reasoning thinking |
| url | https://pressto.amu.edu.pl/index.php/ppuam/article/view/12278 |
| work_keys_str_mv | AT maciejkoszowski whylegalreasoninghastobeunique |