Reasoning and Implication in the Criminal and Civil Law

Abstract

Judicial reasoning is a kind of deductive and inductive reasoning. The deductive reasoning involves the happened mundane event (the minor) and the lawful article (the major) and the result that needs to be analyzed and described legally in order to be able to adjust the legal article with the mundane event. It is considered the most difficult responsibility and will be done by the judicial authorities. But in the penal law, deduction and possibility in induction, which is based on measuring the validity of possibility and refers to the ownership, will be necessary in addition to reasoning. But in addition to the judicial deduction which is mentioned in all legal books, what is ignored by lawyers is deduction which can be appeared in different forms in colloquial speech, oration and legal context and in this respect it can have different meanings. The most specific kind of deduction is reduction ad absurdum, equality deduction, conscience deduction, combined deduction and Dilemma deduction. Most of these deductions are applicable in law. They are necessary to be used by judges for issuing decrees and judicial verdicts.

DOI: 10.5901/mjss.2016.v7n3s3p389