Towards a Metatheoretical Postmodern Approach to Legal Reasoning

Abstract

This paper focuses on legal reasoning, arguing that although methodological theories are important, they are not enough to explain how to reason in law. In fact, because the different philosophical perspectives vary so significantly in their ability to resolve legal conflicts, when a less “adapted” perspective decides a legal question, the results can be disastrous. Thus, this paper inaugurates a new attitude, stating that a general philosophical perspective is the only way out. Relying on a metatheoretical postmodern approach, it argues that logic, analysis, argumentation and hermeneutics are complementary theories that offer a unique perception of law. It concludes that the approach proposed makes possible not only a comprehensive view of the way legal reasoning behaves, but more than this, a proportionate flexibility to both civil and common law systems. Keywords: Paraconsistent Logic; Metatheoretical Postmodern Approach; Metatheoretical Perspective; Paraconsistent Deontic Logic; Ontological Hermeneutics