论文部分内容阅读
法律推理在法律活动中往往被认为是追求形式正义的一种有效工具。从演绎到归纳再到类比,似乎始终体现着机械的色彩,价值的追求无法展开,如同风雨不进的壁垒。然而,在具体的法律适用中,法律推理的价值问题却潜在性的影响着我们。本文拟通过对法律推理形式和实质分析,将法律实践中的法律推理具体价值追求解析,希望对法律推理理论研究有所裨益。
Legal reasoning is often regarded as an effective tool in legal activities in the pursuit of formal justice. From deduction to induction and analogy, seems to always reflect the mechanical color, the pursuit of value can not start, as the storm does not enter the barriers. However, in the specific application of law, the value of legal reasoning has the potential to affect us. This article intends to analyze the specific value of legal reasoning in legal practice by analyzing the form and substantive analysis of legal reasoning, hoping to be helpful for the study of legal reasoning theory.