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Legal Reasoning and Interpretation
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Legal Positivism
A philosophy of law asserting that laws are rules created by human authorities and have no inherent or necessary connection to morality.
Ratio Decidendi
A Latin term meaning 'the reason for the decision.' It refers to a legal rule derived from the reasoning used to decide a case, which is binding in future cases.
Obiter Dicta
A Latin phrase meaning 'things said by the way.' This term refers to remarks or observations made by a judge that are not a necessary part of the legal reasoning required to reach the decision.
Stare Decisis
A Latin term meaning 'to stand by things decided.' In legal reasoning, this principle suggests that courts should stand by precedent and not disturb settled matters.
Legal Realism
A perspective on legal reasoning that emphasizes the influence of judicial decisions by personal and societal factors rather than abstract rules.
Legal Formalism
A perspective that legal decisions can be determined by applying principles and rules in a logical, mechanical fashion with the disregard of social and personal factors.
Hermeneutics
The theory and methodology of interpretation, especially of scriptural and legal texts, focusing on finding the meanings of words, phrases, and concepts
Textualism
An approach to interpretation that focuses on the explicit text of legal documents, often disregarding non-textual sources such as intention of the drafters or jurisprudential considerations.
Living Constitution
A view that the Constitution is dynamic and that contemporary society should be taken into account when interpreting key constitutional texts.
Originalism
A method of legal interpretation that tries to discover the original meaning or intent of the constitution or a statute at the time it was enacted.
Golden Rule of Interpretation
A rule of statutory interpretation that suggests while the literal rule should be followed if the result is not absurd, if it does lead to an absurd result, an alternative interpretation should be sought.
Legal Pragmatism
A practical approach to law that suggests the outcome of judicial decisions should focus on what works best in real-world scenarios, taking social and political considerations into account.
Canonical Interpretation
A method of interpreting law that relies on the context provided by an entire canon or body of law rather than isolated provisions.
Purposivism
A method of interpretation that considers the purpose and aims behind a statute or a legal document, rather than only sticking to the literal text.
Natural Law Theory
The philosophy asserting that law reflects a moral order embedded in nature and the universe, and that laws should be aligned with inherent, moral principles.
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