Typology and Hermeneutics of

Ghasempour, Amin; Safaei, Nazanin Zahra

doi:10.22106/jlj.2026.2059834.6289

Typology and Hermeneutics of "Legal Reasoning" with a Conceptual Analysis within the Framework of Philosophy of Law

Document Type : Research/Original/Regular Article

Authors

Amin Ghasempour ¹

Nazanin Zahra Safaei ²

¹ PhD in Private Law, Tehran, Faculty of Law and Political Science, University of Tehran

² PhD student in private law, Tehran, University of Tehran

10.22106/jlj.2026.2059834.6289

Abstract

Legal reasoning, as a fundamental pillar of the judicial process, has consistently faced theoretical challenges concerning the nature, scope and methodology of interpreting legal rules. The central inquiry is whether the diverse forms of legal reasoning can be systematically conceptualized within a coherent framework in light of the philosophy of law and what their relationship is to the epistemic, ethical and structural foundations of law. This question gains increasing significance in the contemporary era, especially when confronted with emerging social and moral issues. This study, employing a descriptive-analytical approach, explores two distinct modes of reasoning: firstly, reasoning according to the law, which concentrates on interpretive mechanisms within the legal text and aims to preserve the coherence and determinacy of the legal system; secondly, reasoning about the law, which, with regard to justice, morality, and social interests, proceeds to review the meaning of law. The findings indicate that an effective judge inevitably must integrate these two approaches to adequately respond to today’s complex and value-laden realities. Accordingly, enhancing theoretical and ethical education, re-evaluating interpretive methodologies and encouraging interdisciplinary research are essential prerequisites for cultivating a dynamic and committed Judiciary.

Keywords

Interpretation

Judgement

Philosophy of Law

Reasoning about the Law

Reasoning according to the Law

Subjects