Criteri di ragionamento giuridico presso sistemi legali contemporanei
The criteria of legal reasoning in the contemporary legal systems

Summary/Abstract: This paper focuses on the process of arriving at final judgments in different legal systems of today, such as civil law, common law, and also canon law. In order to better understand this process, the Author presents the historical development of each legal order, highlighting its characteristics, providing selected court judgments, especially the highest courts of a given state. The emphasis is placed on the motivation process so as to satisfy the claims of the parties involved in a judicial dispute. Furthermore, the Author discusses the techniques of logic, represented in every system of positive rules, which favour the discovery of the objective truth. The main purpose of the paper is to find a common denominator for the selected legal systems in terms of judicial proceedings, emphasizing the weight of argumentation and usefulness of logical techniques used towards the discovery of the substantive truth in judicial process and the determination of rights and obligations of parties to a case.

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