THE IMPACT OF LEGAL REASONING IN JUDICIAL AND LEGISLATIVE PROCESS: TOWARDS ENHANCING BETTER LAW AND JUDGMENT IN NIGERIA
Abstract
One vital institution that remains the last hope of
common man in the society is the judiciary. The hope
imposed on this institution by members of the public is not
because judiciary bears such name, but because of its ability
to make trained and professional judges apply their
potentials and knowledge of law to causes by listening to
litigants and the arguments and counter arguments of
counsel for the purpose of extracting and determining the
truth with a view to passing a verdict with respect to
whoever the pendulum tilts. Listening to the submissions of
Counsels and Attorneys and examining and passing
judgments require special skills and knowledge by judges.
This indeed brings us to the idea of having adequate
knowledge of legal reasoning in judicial process. How then
do judges pass judgment on the basis of the analysis of
persuasive arguments advanced by Attorneys’ appearing
before them? Do they apply the same method in the
interpretation of the arguments in order to arrive at their
conclusion? What are the prominent terminologies and
phrases used in this process? All these and many more will
be understood through the knowledge of legal reasoning in
judicial process.