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
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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