Methods of Logical-Juridical Reasoning applied to Judicial Decisions: The Jurisprudence like Mechanism of State Power

Abstract

In this study, we will analyze how the dialectic provides methods that place the judge in a unique position within the power structure of the democratic system of the State. In the following pages, initially, by contrasting two classical methods such as the deduc-tive and the inductive, it will be possible to determine if in fact their apparent contradiction according to the reasoning process that they pursue, generates an incompatibility to work together, and thus obtain better results when making a judicial decision. In this context, the legal logic and its manifestation will be studied as an essential tool of conceptualism applied to the positive doctrine of law, since it bases its action on practical issues where the concept arises from an inherent reality. This writing, in short, seeks to expose the use of legal logic in the science of law and, as under basic principles, reasoning, makes a relevant function to create knowledge and application of this discipline more correct and informed, in addition to being adapted to the real needs of society.

KEYWORDS: logical-legal reasoning, judicial decisions, jurisprudence, deduction, induction.

JEL CODE / CLASIFICACIÓN JEL: K41, K11