Life Of Legal Reasoning

Legal reasoning has been playing an important role in the real practice of low. The present paper starts from the concept of legal reasoning, classifies it and concentrates on the validity of legal reasoning. The paper not only discuss the element of the validity of legal reasoning, but also base on the practice and argues that the validty cannot separate from its objectivity and consistency achieved, and the relationship between them is a kind of unity. The author also argues that the intuition and values can be effective to in which to the improvement of validty.For some problems, the author cites a number of cases. For example, in respect of the syllogism,the paper quotes a number of judicial cases, makes the argument more effective. For the definition of legal reasoning, the paper quotes a large number of theories of logicians home and abroad. The paper classifies legal reasoning to be three modes,that is logical reasoning mode, regulated mode and applicable mode. In the subsequent passage,the paper classifies legal reasoning to be formal reasoning and legal reasoning of real terms. On the this basis, it brings in the concept of validity of legal reasoning.In the following article, the author firstly clarifies the validity of the concept of legal reasoning, and according to the determination relationship between formal structure and the final conclusions divides the concept into formal validty and material validty. Later, the paper deales with the conceret problems. It ends with how intuition and values influence legal reasoning.