Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • About us
  • Aim & scope
  • News
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors
  • Ethics
  • Contact
  • Polski

Neil McCormick’s Theory of Legal Reasoning and Its Evolution

Mgr Michał Sopiński

University of Warsaw

Abstract: This paper traces, examines, and demonstrates Neil MacCormick’s theory of legal reasoning and its evolution. MacCormick’s views were shaped gradually so his theory could be divided into two main stages. Therefore, the use of the diachronic approach is justified. The aim of this paper is to analyse the difference between the theses of the theory of legal reasoning explained in Legal Reasoning and Legal Theory (1978) and general revisions to this theory marked in Rhetoric and the Rule of Law (2005). According to the author, the most important change in MacCormick’s theory of legal reasoning is an examination of the role of deductive reasoning in the process of judicial reasoning. This change leads to an extension of the logical aspects of MacCormick’s theory of legal reasoning (legal syllogism) to include rhetorical aspects (argumentative character of law) and ethical aspects (the idea of the rule of law). The evolution of the MacCormick’s theory of legal reasoning seems to be a model example of the changes in contemporary philosophy of law.

Keywords: legal reasoning, MacCormick, legal syllogism, rhetoric, rule of law

Language: Original printed in Polish, English online translation

Received: 20.02.2018
Accepted:
19.05.2018

Published: Number 1(19)/2019, pp. 63-78

DOI: https://doi.org/10.36280/AFPiFS.2019.1.63ENG

Download file: Download
Number of downloads: 357

Filed Under: Articles Tagged With: legal reasoning, legal syllogism, MacCormick, Michał Sopiński, rhetoric, rule of law

Szukaj

Categories

  • Articles
  • Bez kategorii
  • Editorial
  • In Memoriam
  • News
  • Reports
  • Reviews and discussions

Keywords

essentially contested concepts minority rights conflicts within values Constitutional Tribunal traditional jurisprudence American courts paternalism public morality multiculturalism of law polis Artur Kozak limits of juristic power politics of memory history of the profession of legal advisor theory of state and law court decisions Jacek Srokosz requirements for justification illiberalism legal sentences lawyer’s professional roles intention of the legislator professional ethics Russian philosophy of law personalized medicine Michał Sopiński socialization naturalism political responsibility State Commission for Counteracting Sexual Abuse of Minors under the Age of 15 cultural revolution intellectual property infringement Rafał Mańko legal database subjectivism Włodzimierz Gromski theory of European integration conflict Bartosz Greczner God critical legal positivism social rights holy war freedom of the ancient and modern legal formalism evolution of law objectivism political crisis Filip Rakoczy law as a cultural subject

Copyright © 2025 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Karolina Gmerek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT