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Legal Reasoning
Law is a prime example of how institutional setting affects standards of argumenta-
tion, for legal systems have their own procedures and authorities. Legal decisions
are often based on statutes, constitutions, and precedents that are peculiar to a par-
ticular legal system. These sources of law are often vague, and they can conflict, so
they need to be interpreted. This chapter will discuss legal interpretation and legal
reasoning in general. The general forms of legal arguments will then be illustrated
by looking in more detail at the law of discrimination and affirmative action.Legal decisions have concrete effects on people’s lives. In criminal cases,
judges can deprive people of their freedom or even their lives. In civil cases,
judges often take away large sums of money, the custody of children, and
so on. Constitutional decisions can affect the basic rights of all citizens, even
those who have never been in a courtroom. These decisions are made be-
cause certain legal arguments are accepted and others are rejected.
Unfortunately, it is sometimes difficult to find any good reason for a legal
decision. Crucial facts might not be known, and the law is sometimes un-
clear or inconsistent. Some cases “fall between the cracks,” so no law seems
to apply. Human beings have a remarkable ability to produce weird cases
that would tax the wisdom of Solomon.
Even in the toughest cases, judges and juries must reach some decision.
Outside the law, we can often just let matters ride—we can postpone a deci-
sion until further facts are established, or even declare that the issues are
too vague to admit of any decision. This is rarely an option in a legal case.
If A sues B, either A or B must win. The judge cannot say, “This case is too
tough for me. I’m not going to rule on it.” Throwing the case out of court
amounts to ruling in favor of the defendant. A decision must be made, usu-
ally in a relatively short period of time.
These pressures have led lawyers and judges to develop many ingenious
ways to argue. Lawyers cite statutes, precedents, and historical contexts.
They claim the authority of common sense and science, and they cite schol-
arly articles, even some by philosophers. They deploy metaphors and rhe-
torical devices—almost anything to convince the judge or jury to decide in
favor of their clients. The variety of these arguments makes legal reasoning
complex and also fascinating.97364_ch18_ptg01_351-382.indd 353 15/11/13 11:38 AM
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