Law and Politics: Definition of Legal Reasoning | University of Pittsburgh

University:
University of Pittsburgh
Course:
LCJS 1300 | Law and Politics
Academic year:

2023
Views:

431

Pages:

1
Author:

mns81

Definition of Legal Reasoning Legal Reasoning Definition: • Fundamental political expectation in the United States that those in power justify the way in which they use that power ○ People show how their decisions serve common, rather than selfish ends • Legal Interpretation takes place in a field of pain and death ○ Law often justifies violence that has occurred or that is about to occur Legal Reasoning Does not Discover the "One Right Answer" • We often assume that legal reasoning is aimed at discovering the law's right answer, the correct legal solution to a problem. ○ The idea that we live under a government of laws, not people seems based on the assumption that correct legal results exist • Legal reasoning describes what judges do to justify their decision when they cannot demonstrate or prove that they have reached the right answer ○ Appellate judges usually create the law ○ The imperfections of the law force judges to choose what the law ought to mean