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

Lundmark, Thomas

Authors



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