Law and the Reason: A Perspective

Shauree Gaikwad
Maharashtra National Law University, Aurangabad

Volume-1, Issue-2, 2018

The legal profession has long claimed that there are process-based differences between legal reasoning — that is, the thinking and reasoning of lawyers and judges — and the reasoning of those without legal training. Whether those claims are sound, however, is a subject of considerable debate. We describe the importance of using categorization and analogy, following rules and authority, and the odd task of “fact-finding”, in the legal system.

This paper aims to find how legal reasoning plays a part in the legal system from the perspective of judges and lawyers. It also examines the difference in legal reasoning in Civil as well as common law.


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