INTRODUCTION TO LAW AND LEGAL REASONING Essay Example | Topics and Well Written Essays - 1750 words

INTRODUCTION TO LAW AND LEGAL REASONING - Essay Example This paper will critically analyse the above statement that legal interpretation is arbitrary and that judges rely on a variety of techniques to reach the conclusion they prefer rather than using a set of pre-existing rules or standards. An arbitrary decision can be defined as one that is determined by impulse and chance and not by reason or principle. This type of decision is made based on individual judgment or preference.1 When one states that legal interpretation is arbitrary, he or she means that the interpretation of law is made based on one’s judgement or preference as opposed to the use of reason or principle. One problem that characterizes the decisions that are made by judges is that no one apart from the judge clearly knows the basis of those decisions. A judge might cite several aspects from which he or she makes the decision. However, this might not be agreeable to all people2. Generally, the law states that a court’s decision on a certain problem or case must be reached by looking at the available evidence. When a defendant is sued by a plaintiff, the plaintiff should use evidence to prove beyond reasonable doubt that the defendant is guilty3. The defendant should also prove beyond reasonable doubt that he or she is not guilty of the accusations laid against him or her. If this were followed, when decisions are based on this aspect, then it would obviously mean that legal interpretation is not arbitrary. However, an important question that comes up in this respect regard whether judges apply this rule to all their decisions. This is a difficult question to answer because normally the decision comes from the judges and they are the ones who know what they look at before reaching the decision4. The concept of interpretation of the law has different senses. Many factors can determine how an interpretation is made. Interpretations are made from everyday language that legislators use as