About This Book
In this book of Hermann Petzold-Pernía states that with the denomination of Methodology of Law, it can be understood as a Legal Logic (conceived by some authors as Formal Logic applied to the legal field and, by others, as a Theory of Legal Argumentation), that is, as a discipline that studies the reasoning of legal professionals, comprising both those who act as an organ of the State, responsible for the creation, interpretation and application of Positive Law, and those who simply interpret (and eventually apply) legal norms, in order to represent, advise or teach, such as trial lawyers, legal consultants, law professors, etc.
To this end, the author analyzes the most relevant characteristics of legal reasoning and especially judicial reasoning. Likewise, the book carefully studies the issue of the elaboration of the sentence that is, perhaps, the most important of the science of Procedural Law and one of the most complex of the Methodology of Law, since it refers to the very essence of the role of the judge. Or in other words: how the rules of the positive legal system are applied to cases of species. That is, what is the meaning and scope of the so-called judicial syllogism. In summary, what is the process of legal subsumption?
