Determinatio in the Process of Adjudication: A Prudential View of Legal Reasoning

Abstract

This article focuses on a concrete problem: the nature of the process of the determination of law in specific cases. To solve said problem, different schools in the Theory of Law, which have attempted to describe the determination process and in which the main questions on the theory of judicial adjudication are evident, are explored. The need for a proper rational justification of the practical nature of legal reality is the cohesive line for the rest of this work, and the practical- prudential deliberation is the answer to the question about the nature of the process of determination of law. A deliberation that investigates the more adecuate means, bearing in mind the specific circumntances of each case, to reach the final purpose of the jurist’s work: the concretion of law in particular cases.