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WORD/WORD, It Reflects What Is in My Presentation. I-Paraphrase Niyo Na Lang Hehe! Zet

This document discusses legal reasoning and its distinctive logic. It makes three key points: 1. Legal reasoning has its own semantics and syntax compared to other fields due to the open texture of language in law. Legal professionals apply pragmatic reasoning rather than formal theories. 2. Legal reasoning involves developing and applying rules, evaluating evidence, and balancing objectives in a participatory process governed by the rule of law. 3. An international tribunal decision found China's nine-dash line claim over the South China Sea to be baseless and that its activities had aggravated disputes in the region. China was told to respect the rights of other countries going forward.

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28 views2 pages

WORD/WORD, It Reflects What Is in My Presentation. I-Paraphrase Niyo Na Lang Hehe! Zet

This document discusses legal reasoning and its distinctive logic. It makes three key points: 1. Legal reasoning has its own semantics and syntax compared to other fields due to the open texture of language in law. Legal professionals apply pragmatic reasoning rather than formal theories. 2. Legal reasoning involves developing and applying rules, evaluating evidence, and balancing objectives in a participatory process governed by the rule of law. 3. An international tribunal decision found China's nine-dash line claim over the South China Sea to be baseless and that its activities had aggravated disputes in the region. China was told to respect the rights of other countries going forward.

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Fbarrs
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Intro Summary – Leg Tech and Logic -important means of achieving the rule

of law is articulating and evaluating the


Note: PLEASE DO NOT COPY
various elements of legal reasoning –
WORD/WORD, it reflects what is in
interpret consti, statutes, regulations
my presentation. I-paraphrase niyo na
lang hehe! zet -legal profession devote little research
to developing our own general
methodology UNLIKE mathematicians,
1. Freidrich Waismann and the social scientists, medical profession
Distinctive Logic of Legal Language
-we apply “Knowing good legal
-talks about concept of “open texture” reasoning when we see it”
meaning possibility of vagueness
-legal educators illustrate reasoning by
-language has own semantics and exhibiting stream of examples (both
syntax historical and hypothetical)
-quality of quantum mechanics – cannot -methods of reasoning is reflected in
be translated into that classical legal writing (or sometimes skills
mechanics training)
-wonders on literary truth -legal profession is a pragmatic
-anti-reductionism meaning different (practical) profession
languages may have not only different -it has little time for formal theories
meaning but dramatically different
-pragmatic in at least three senses:
structures.
1.action-oriented (both administrative
-technical language in legal profession
and governmental in nature)
is recognized but not much theorized
2. balances epistemic objective v. non-
-language may have different structures,
epistemic objective (*epistemic means
depending on the needs of linguistic
being constrained only by reasonable
community including specialized
interferences)
community – within which language
exists 3. occurrence in real time (reasoning is
uncertain through times)
-although law is often straightforward,
straightforward applications of the legal -legal profession ignores formal systems
rules rarely wind up in court because
-areas of legal reasoning:
people rarely pursue losing causes to
the point of actual litigation 1. rule-based reasoning (develop and
apply substantive legal rules)
-legal profession must deal with ‘open
texture’ regularly 2. evidence evaluation (identify those
issues of fact that are relevant)
-law must decide, law cannot know what
to say like science. 3. second-order process reasoning
(process governed by rule of law –
dynamic, participatory, interactive and
2. Discovering the Logic of Legal finds balance on ‘epistemic’ objectives)
Reasoning
Conclusion: Legal reasoning is open-
ended but it is the method by which
lawyers invent arguments, judges and
regulators makes considered legal
decision, and students and professionals
learn the law.

3. PCA: RP v PRC
Decision on Merits
1. Nine-dash line and china’s claim to
historic rights in the maritime areas is
baseless
(no legal proof that the SCS must be
merited with their sovereignty)
2. status of features in SCS
(the PCA has defined which islands may
or may not have eez)
3. Chinese activities
(activities of Chinese people (specially
those from Hainan) has aggravated the
dispute eg. garnering clam shells
through a drastic method on coral reefs)
4. aggravation of the dispute between
parties
(China has built artificial islands with
permanent harm, big no-no! – a
violation from aggravating dispute
during pendency)
5. future conduct of the parties
(china shall respect the rights and
freedom of ph and comply with duties
under convention. No further
declaration is necessary)

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