Instruments Of Legal Reasoning: Code Of Law Elements, And Their Genesis And Action


The paper deals with the instruments of legal reasoning: concepts, categories, dogmatic schemes, rules in Latin sentences. Evident understanding, logical knowledge, and linguistic semantics are not sufficient to decode Law. The instruments of legal reasoning are basic elements of the Law system, and knowledge of them is required for deciphering the Code of Law.

Law has its own legal semantics in connection with the legal effect on reality. The models to determine the legal concepts and categorizing created by the Roman jurists and the Medieval glossators provided us not only with legal dogmatics but also with key instruments to understand and apply the legal norm and situations in the modern Law. At the end of the article the author provides many parallels between the Latin sentences and the contemporary legal norms and rules of jurisprudence illustrate how Law is actually a history of Law which coincides with the present.

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