Reasoning in Law

Module code: LW7171

Module co-ordinator: Dr Stefano Bertea

Module Outline

The aim of this module consists in introducing some key elements of the current debate on legal reasoning. The main questions that will be considered in the module are as follows: What do we mean by “legal reasoning”? Is legal reasoning a deductive process? Can legal reasoning be regarded as a descriptive activity of the standards issued by law-makers or rather the very process of reasoning in law impacts on the contents of a legal system? Does reasoning in and about law differ in any substantial way from making the law? Is legal reasoning a rule-constrained activity? Can law, politics and morality be kept separate in legal reasoning? Accordingly, by completing this module, students will have gained in-depth understanding of the nature, features and essential dimensions of legal reasoning.

Teaching and Learning Methods

Lectures, seminars, private study and Blackboard VLE.

Assessment Methods

Research paper (not exceeding 4,000 words including footnotes).