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Essay / Research Paper Abstract
This 4 page paper examines what is meant by legal reasoning and legal interpretation. The paper begins by looking at how legal reasoning takes place and the different with the different perspectives on the role of reasoning. The paper then looks at how interpretation takes place and the three rules of literal interpretation, the golden rule and looking at the entire act. The paper is written according to Australian and English law. The bibliography cites 6 sources.
Page Count:
4 pages (~225 words per page)
File: TS14_TEreasoning.rtf
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Unformatted sample text from the term paper:
the law should be used to decide cases. However, despite the concept being simple, the application is very complex and have a great deal of ambiguity. We will look at
legal reasoning before moving only legal interpretation. In looking at legal reasoning we have to consider how legal theorists seen the law. Some, such as Hart (1994) and Raz
(1994) will see questions such as what is the law, and how should cases be decided by judges as two separate questions. If they are separate questions they will have
separate answerers. This means that the determination of the law and its application are wider than simply interpreting what a law is. Here there is the remit of a judge
that is wider than establishing law. It may include what are referred to as extra legal considerations, where there is the use of discretion by judges to fill in the
gaps in the law, or modify it as required (McLoed, 2002). Therefore, the reasoning may be seen on a scale where at one end it is the establishment of the
laws content, and at the other end the reasoning of the way that content should be used when looking at a practical case (McLoed, 2002). The latter part of
this ambiguity, wit the way it should be interpreted for a case is also ambiguous as the question of how this occurs still remains, morals and ideas change over time,
case law may be seen as a good guide, but society developed and may render case law odious to the court (Hart, 1994). There are few examples of this but
in looking at countries such as Nazis Germany, there are strong examples of how a judge may, morally, refuse to apply the law at all, however, modern examples for the
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