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Legal reasonings as a model for moral reasoning

Publisher
Springer Netherlands
Year
1989
Tongue
English
Weight
987 KB
Volume
8
Category
Article
ISSN
0167-5249

No coin nor oath required. For personal study only.

✦ Synopsis

In appealing to legal reasoning as a model for understanding the structure of moral reasoning, I do not mean to suggest that the latter is based on the former as a matter of sociological fact. It is more plausible to think that the stronger influence runs in the other direction. But legal reasoning is institutionally constrained and better documented than its moral counterpart, and therefore more accessible as well. While its most important structural features may not be fully transparent in the records, the voluminous evidence for them stands open for inspection, making legal reasoning the better model given the analogies that exist.

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