FORMALISM IN JUDICIAL REASONING

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

ALSHARIF M.M.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2007 | Volume:37 | Issue:2 Page(s): 1-39

Download Full-Text

Persian Verion

View:

2,353

Download:

Cites:

Information Journal Paper

Title

FORMALISM IN JUDICIAL REASONING

Author(s)

ALSHARIF M.M. | Issue Writer Certificate

Keywords

JUDICIAL SYLLOGISMQ3

FORMAL SYLLOGISMQ3

DEDUCTIVE REASONINGQ3

FORMAL REASONINGQ3

REVERSE REASONINGQ3

FORMALISMQ3

LEGAL LOGICQ2

Abstract

In accordance with classical understanding of the principle of separation of powers, the task of a judge is merely to discover the intention of legislator and to apply it to the facts of cases. The motives behind the achieving judicial security and the existence of factors such as syllogistically form of judicial reasoning and the necessity of deduction of all the results from law has led to the traditional tendency among jurists to present JUDICIAL SYLLOGISM within the context of FORMAL SYLLOGISM.Formal syllogism or DEDUCTIVE REASONING based on formal logic, reasoning possesses a necessary process and there would be no true outcome but one, and there would remain no room for doubt. A precise look at the minor and major JUDICIAL SYLLOGISM demonstrates that the notion of change of JUDICIAL SYLLOGISM to that of formal, definitive, and objective is nothing but a naive fiction far from achievement. The impossibility of making the legal concept clear and the existence of defects in and of law, as well as conflict of laws, on the one hand, and impossibility of reaching definitiveness and certainty at verification of factual stage of a case, on the other hand, do not allow FORMALISM and change of judicial reasoning into formal and necessary reasoning.Due to the fact that judicial reasoning is unnecessary, these reasoning, unlike reasoning that are subject to formal logic are not free from the intervention of human factors.The type and quality of that intervention and the usage of this flexibility and broadness by a judge are determined by the characteristic features of each legal system and the foundations concerned.

Cites

References

Cite

APA: Copy

ALSHARIF, M.M.. (2007). FORMALISM IN JUDICIAL REASONING. PRIVATE LAW STUDIES, 37(2), 1-39. SID. https://sid.ir/paper/124928/en

Vancouver: Copy

ALSHARIF M.M.. FORMALISM IN JUDICIAL REASONING. PRIVATE LAW STUDIES[Internet]. 2007;37(2):1-39. Available from: https://sid.ir/paper/124928/en

IEEE: Copy

M.M. ALSHARIF, “FORMALISM IN JUDICIAL REASONING,” PRIVATE LAW STUDIES, vol. 37, no. 2, pp. 1–39, 2007, [Online]. Available: https://sid.ir/paper/124928/en

Related Journal Papers