| Different from syllogistic scientific reasoning, both the major and minor premises of legal reaconing are combinations of judgement of truth and judgement of value. As a result, the judgement of value is the logic intermediary between the premises, i.e. facts of the case, and the conclusion, i.e.rights and obligations of the parties. The conclusions in the judgement can not be reached without the judgement of value. The justification of mechanism of legal reasoning is the protection of acts of parties that are compatible with public interests. Acts which the parties "can" or "have to”do are the realistic basis of the legal reasoning mechanism, whereas the "universalizibility"of legal norms is the logical basis as well as a self-evident basic truth of the legal reasoning mechanism. The paper gives a detailed description of the process of legal reasoning. |
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