Reason, rationality, irrationality in law

Journal title RIVISTA TRIMESTRALE DI SCIENZA DELL’AMMINISTRAZIONE
Author/s Mario Patrono
Publishing Year 2012 Issue 2012/2
Language Italian Pages 9 P. 5-13 File size 369 KB
DOI 10.3280/SA2012-002001
DOI is like a bar code for intellectual property: to have more infomation click here

Below, you can see the article first page

If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits

Article preview

FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.

According to the author, the so-called "judicial syllogism" acts as a summary and conclusion of the more complex operations that come before and after the construction of the major premise and the minor premise. Leaving aside the operations involving the construction of the minor premise, which generally belong to scientific and inductive methodology, we have to define the various operations which involve the definition of the major premise, that is the regula iurus. Given that legislative norms are often not sufficiently univocal, they must be integrated with some interpreters’ operations that can be simple political options or also based on legal reasoning. The analysis of this also has a place in the modern ideas of legal thought. Reasoning, to a less exacting measure, also becomes a limit of legislative options.

Keywords: Judicial syllogism, interpreters’ operations, legal reasoing.

Mario Patrono, Ragione, ragionevolezza, irrazionalità nel diritto in "RIVISTA TRIMESTRALE DI SCIENZA DELL’AMMINISTRAZIONE" 2/2012, pp 5-13, DOI: 10.3280/SA2012-002001