Universals of legal reasoning by judges: A plea for candour in decision-making

Lundmark, Thomas

Abstract

Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a matrix for all legal argumentation in place of the so-called rules of interpretation, classifying justificatory arguments into four categories: textual, historical, purposive, and system-contextual. Along these categories, the book reveals certain universals while dispelling the confusion and mystery surrounding reasoning from judicial case decisions. This it does - simply and elegantly - by equating reasoning from case decisions with reasoning from statute. A myriad of examples, primarily from Germany, California, and the United Kingdom, show how these arguments find universal application. From start to finish, this book is itself an argument: an argument for judicial transparency and candour, which requires that judges reveal their thoughts and motivations-their ultimate reasons. This is necessary to enhance the persuasiveness and efficacy of judicial precedents, to foster democratic legitimacy, and to permit political accountability.

Citation

Lundmark, T. (2024). Universals of legal reasoning by judges: A plea for candour in decision-making. Oxford University Press. https://doi.org/10.1093/oso/9780198785675.001.0001

• Book Type: Book
• Online Publication Date: Mar 28, 2024
• Publication Date: May 23, 2024
• Deposit Date: Mar 22, 2024
• Publicly Available Date: Mar 29, 2026
• Publisher: Oxford University Press
• ISBN: 9780198785675
• DOI: https://doi.org/10.1093/oso/9780198785675.001.0001
• Keywords: legal reasoning, political judging, rules, principles, justifying, justification, glosses, Richterrecht, common law, statute law, statutory law, methods, argument, textual interpretation, historical interpretation, purposive interpretation, system-context
• Public URL: https://hull-repository.worktribe.com/output/4610120
• Publisher URL: https://global.oup.com/academic/product/universals-of-legal-reasoning-by-judges-9780198785675?q=lundmark&lang=en&cc=nl#
• Additional Information: Universals of Legal Reasoning by Judges; A Plea for Candour in Decision-Making; Thomas Lundmark; Demonstrates that legal reasoning is the same for statutes and case-law; Exposes judicial reasoning as post-hoc rationalization; Argues for judicial transparency about judges' ultimate reasons