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c.Interpretation and Legal Reasoning
Because judges’ primary conduct may said to be the interpretation of existing legal…
Judges conduct legal reasoning when making a legal decision. It is the process of…
Law, according to critical legal thinkers, is intrinsically and implicitly vague…
Legal reasoning in this sense is a formalized form of moral reasoning.…
Hart would call this process creating new law, as he believes that in some cases…
This difference in approach to the question of judicial discretion can be seen as…
For example, the Turkish Civil Code’s Article 1 confers powers to judges that, in the absence of a provision, judges shall decide in accordance with customary law and, in the absence of customary law, in accordance with the rule that they would make as legislator. Further on this point, the Constitution of Turkey’s (the Constitution) Article 138 expresses that judges shall render their judgments in accordance with the Constitution, laws, and personal conviction conforming to the law. In these examples, judges are explicitly told by the material law that they may take into account morality.…
iii.Understanding Legal Ethics
2.Conclusion
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