p. 34511. Understanding Legal Reasoning and the Future of Law
- James HollandJames HollandEmeritus Professor of Employment Law University of the West of England, Bristol
- and Julian WebbJulian WebbProfessor of Law University of Melbourne, Australia
Abstract
This concluding chapter focuses on legal methods more conceptually. It aims to develop in readers a deeper understanding of what is involved in legal reasoning, understood primarily as the logical and argumentative forms of reasoning used in adjudication. It goes on to explore the question whether legal rules act as a significant justification for or constraint on judicial decision-making, as explained through the competing lenses of two important methodologies: legal formalism and legal realism. The significance of this conceptual debate about legal reasoning is illustrated with reference to current attempts to model legal decision-making through digital expert systems and AI, and these processes are used to highlight a number of themes and issues from earlier chapters in the book.
