The Study Of Moral Reasons In Legal Reasoning

The relationship between law and morality has always been an important theoretical issue in the field of jurisprudence.There are different answers from different jurists.More importantly,the theoretical debates and challenges posed by this issue pervade all areas of jurisprudential research.Legal reasoning,as an important topic of legal methodology research,is also affected by this issue.It is under the above-mentioned theoretical background that this paper makes relevant research on legal reasoning.The main issue studied in the article is: moral reasons in legal reasoning.The paper concludes that moral reasons enter into legal reasoning are all justified.The following questions are the ones that must be answered in this paper.What is the justification for moral reasons to enter into legal reasoning? After arguing that moral reasons are justified in legal reasoning,what is the path by which they affect legal reasoning? Similarly,the question of how to regulate the entry of moral reasons into legal reasoning remains a question that must be answered in the article.Legal reasoning is a kind of practical reasoning.There is no practical philosophical basis for scholars to demonstrate legal reasoning.This paper discusses the theoretical basis,legitimacy basis,specific path and regulation.Firstly,based on the discussion of action reason in action philosophy,the theoretical relationship between moral reason as a kind of action reason and legal reasoning is explained.The relationship between the nature of moral reasons as first-order reasons and legal reasons is also an important content of research.Secondly,The nature of rules and problems,the nature of principles,the theory of judging according to law and the theory of discretion in jurisprudence are the justifications for us to explain moral reasons into legal reasoning.Thirdly,after expounding the relevant discussions on the theory of legal origin,the theory of legal rhetoric and the theory of principle balance in the academic circles,three paths of moral reasons entering legal reasoning are expounded respectively.Fourthly,after explaining the justification basis and specific path,discussing the specific types of moral reasons based on the reason theory in action philosophy is also an important content of the article.The classification of driving reasons,normative reasons and explanatory reasons can provide reference for us to discuss the types of moral reasons.In addition,although this paper unanimously holds the view that moral reasons can enter legal reasoning,this kind of entry is still limited and restricted,so it is also one of the important contents to clarify the judgment criteria and corresponding situations of moral reasons entering legal reasoning.Finally,the article will give an overview of typical legal reasoning theories in the field of legal theory,so as to demonstrate the specific regulatory content of moral reasons entering legal reasoning.