Legal Reasoning as a Special Case of Moral Reasoning

Ratio Juris 1 (2):123-136 (1988)
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Abstract

Moral statements are related to some ought‐ and good‐making facts. If at least one of these facts exists then it is reasonable that an action in question is prima facie good and obligatory. If all of these facts take place, then it is reasonable that the action is definitively good and obligatory. Yet, moral reasoning is relatively uncertain. The law is more “fixed”. Legal interpretatory statements ought to express a compromise between the literal sense of the law and moral considerations. They can be to a high degree both coherent and accepted. One may emotionally reject them but most people have a disposition to endorse a coherent and commonly accepted value system.

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References found in this work

After virtue: a study in moral theory.Alasdair C. MacIntyre - 1984 - Notre Dame, Ind.: University of Notre Dame Press.
Criticism and the growth of knowledge.Imre Lakatos & Alan Musgrave (eds.) - 1970 - Cambridge [Eng.]: Cambridge University Press.
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Objective knowledge.Karl Raimund Popper - 1972 - Oxford,: Clarendon Press.
The Right and the Good. Some Problems in Ethics.W. D. Ross - 1930 - Oxford: Clarendon Press. Edited by Philip Stratton-Lake.

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