Legal reasoning is not a mechanical process; it is a complex argumentative activity that intertwines logic, interpretation, and evaluation. Understanding its structure is essential for anyone wishing to engage in legal work with awareness and rigor. These notes—born of teaching experience and now in their second edition—offer a systematic introduction to the primary models of reasoning used in legal practice: deductive reasoning, analogical reasoning, and reasoning based on balancing or weighing. The analysis begins with the relationship between logic and legal informatics and proceeds to examine the fundamental tools for analyzing judicial discourse, ranging from the premises to the external justifications of the decision. The concluding section, dedicated to the theme of legal certainty and the role of the judge within the rule of law, links methodological issues to current challenges in the judicial process. The volume concludes with three judgments from the Italian Constitutional Court—Nos. 242/2019, 143/2024, and 161/2023—intended for practicing the analytical tools presented. The text is aimed at those approaching the study of logic and legal methodology, as well as at professionals—judges, lawyers, and public officials—who wish to deepen their understanding of the reasoning that underpins legal activity as an argumentative practice.
Trujillo Perez, I.A. (2026). Appunti per un corso di Logica giuridica. Seconda ed. Torino : Giappichelli.
Appunti per un corso di Logica giuridica. Seconda ed
Trujillo Perez Isabel Ascension
2026-01-01
Abstract
Legal reasoning is not a mechanical process; it is a complex argumentative activity that intertwines logic, interpretation, and evaluation. Understanding its structure is essential for anyone wishing to engage in legal work with awareness and rigor. These notes—born of teaching experience and now in their second edition—offer a systematic introduction to the primary models of reasoning used in legal practice: deductive reasoning, analogical reasoning, and reasoning based on balancing or weighing. The analysis begins with the relationship between logic and legal informatics and proceeds to examine the fundamental tools for analyzing judicial discourse, ranging from the premises to the external justifications of the decision. The concluding section, dedicated to the theme of legal certainty and the role of the judge within the rule of law, links methodological issues to current challenges in the judicial process. The volume concludes with three judgments from the Italian Constitutional Court—Nos. 242/2019, 143/2024, and 161/2023—intended for practicing the analytical tools presented. The text is aimed at those approaching the study of logic and legal methodology, as well as at professionals—judges, lawyers, and public officials—who wish to deepen their understanding of the reasoning that underpins legal activity as an argumentative practice.| File | Dimensione | Formato | |
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Logica_Unico [VIII-168].pdf
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