Legal Logic – The New Rhetoric

Since the Nuremberg Trials, which demonstrated that the state and its legislation may be unjust and even criminal, an anti-positivist orientation has manifested itself not only among the traditional proponents of natural law, but also among the majority of legal theorists. In the interpretation and application of statutes, this has led to an increasing emphasis on the need to seek solutions that are not only in conformity with the law, but are also appropriate, reasonable, and acceptable—in short, solutions that are just and at the same time consistent with the applicable law. The aim is to find such a solution as will be incorporated into the system and, moreover, will be socially and morally acceptable to the parties concerned and to the informed public.
Author: Chaïm Perelman