Abstract

VELAZQUEZ,, Hugo José Francisco. Reasons and legal reasoning: an approach to the thesis of the unity of practical reasoning and its criticisms. Rev. Jur. Der. [online]. 2021, vol.10, n.15, pp.105-116. ISSN 2413-2810.

Abstract Although in the history of law, legal reasoning was conceived in many different ways, today there is a consensus to define it as practical justifying reasoning which specific difference is the institutional nature of its operational premises. Despite this consensus, there are several jurists and philosophers of law, such as Alexy, Nino or Atienza, who affirm that legal reasoning is a simple case of practical moral reasoning. They say that practical rationality is founded, ultimately, on moral reasons, because always these are ultimate reasons. Therefore, the practical rationality is unitary. Commonly, this thesis is known as the unity of practical reasoning. This article aims to carry out a critical analysis of this thesis in order to show the serious problems it has.

Keywords : moral reasons; practical reasoning,; legal reasoning; unity of practical reasoning; criticisms..

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