Legal method and reasoning

Geoffrey Samuel ()

Chapter 11 in Principia Iuris, 2025, pp 204-232 from Edward Elgar Publishing

Abstract: This final chapter consists of maxims associated with legal methodology and legal reasoning. From a historical viewpoint, the history of Roman law in Europe from its rediscovery up to the 19th century is in many ways a history of changing methods and these changes are reflected in the maxims. The methods, in the civil law tradition, reflect a movement from an inductive and dialectical approach to one that was axiomatic and deductive. However the common law was different, again as some judicial assertions indicate, in that it never really arrived at an axiomatic stage. In addition to examining the reasoning methods, this chapter also discusses legal education in England, both as it was and as it is today.

Keywords: Analogy; Deduction; Fact; Induction; Interests; Interpretation; Policy; Syllogism (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035350568
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