Judicial decisions depend entirely on articulated reasons rather than fiat

Evidence

Case law stands or falls solely on the reasons articulated to justify it. There can be legislative fiat, but not judicial fiat. Reason justifies the legal rule emanating from a court decision. Where stops the reason, there stops the rule. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 138

Categorization

  • XREF: XREF legal reasoning vs legislative fiat — connects to: Logical reasoning provides the foundation that prevents common law from becoming arbitrary fiat. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 122; Legal analogy requires a theoretical basis rather than mere perception — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 608; Judicial generalization and analogical reasoning constitute the process of induction — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 676 (+8 more)
  • corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 138

Library Connections

Broader Connections