Determining the etymological origin of the two words that shape the term legal reasoning leads us to run into the fact that both derive from Latin:
-Reasoning emanates from the sum of the noun “ratio”, which can be translated as “reason”, and the suffix “-miento”, which is used to indicate the result of an action.
-Jurídico, on the other hand, comes from “iuridicus”, which, in turn, is the result of “ius”, which means “Law”.
He process and the reasoning effect they are called reasoning . Reasoning, meanwhile, is the activity of the mind that allows to produce, organize and structure concepts to reach a conclusion. Legal , on the other hand, is what results according to right (as established by law).
The concept of legal reasoning refers to the mental process that follows the principles of law to play me to argue something depending on the laws . For this kind of reasoning, the person must appeal to logic and dialectic.
Legal reasoning, therefore, is trying to find a solution to a conflict that has arisen, through the application of rules or laws, which is, of course, duly justified and argued to avoid disagreements.
When it comes to legal reasoning, experts in the field agree to underline the importance of paying attention and making use of certain principles. Specifically, they refer both to the principles of the ideological and evaluative basis of what is the legal order and to those expressly included in the rules and laws.
In addition to all that, when the aforementioned reasoning is to be developed and the principles and rules are used, it is important to consider the following aspects:
-The existing legal rules are subject to interpretation while the legal principles are only weighted.
-The principles are used and applied according to the logic of preference.
Legal reasoning is generally developed by lawyers , judges and legislators . Its purpose is to reach a conclusion that is in tune with current legal norms or that may even become one of them after going through the necessary steps for enactment.
There are different kinds of legal reasoning. The legal reasoning can be logical (imposes itself intellectually), rhetorical (seeks to persuade) or purely legal (It is based on assumptions or other factors set by the legislation). To explore these legal arguments, an individual appeals to other logical reasoning, such as inductive reasoning and deductive reasoning .
Legal reasoning is essential when administering Justice . A court can acquit or convict an individual according to the legal reasoning that their members endorse and in the way of judging the value of the legal reasoning expressed by defense lawyers, complainants, prosecutors, etc., within the framework of the legal process.