Judicial Ruling: Between Induction And Deduction

Abstract

This research explores the role of the inductive approach in constructing judicial rulings, describing it as a systematic rational process that begins with a detailed analysis of facts and their logical sequential connection. This enables the judge to assess evidence on precise rational grounds, leading to a deeper understanding of the dispute. This analysis represents an introduction to the next stage, legal deduction, which includes the legal classification of facts and the interpretation of relevant legislative texts, leading to the formulation of the judicial ruling and its clear justification. The research begins with a central question: Is a judicial ruling merely a formal decision issued by the court within legal procedures, or is it a rational process that requires the use of tools of logic and legal analysis? The research concluded that a judicial ruling is not a formal decision, but rather a complex rational product that requires analytical skill and logical thinking, which gives it objective value and enhances the guarantees of justice. The research also addressed a fundamental problem represented by the apparent contradiction between the inductive approach based on facts and the deductive approach based on legal texts. It sought to harmonize these two approaches in formulating a judicial ruling that is integrated in terms of form and content. The importance of this research lies in its critique of the traditional jurisprudential view that empties the judicial ruling of its inferential content, treating it as a purely formal procedure, overlooking its complex rational nature that blends factual analysis and legal interpretation, thus establishing a just ruling that is subject to objective evaluation.

 This research addresses the role of the inductive approach in formulating judicial rulings. Judges rely on factual analysis using a precise inductive approach, aiming to deconstruct and link the facts in a logical, sequential manner. Through this analysis, the judge evaluates the evidence based on sound rational and logical foundations, achieving a deep understanding of the dispute before them. Based on this analysis, the judge moves to the stage of legal deduction, which begins with a precise legal characterization of the facts, then interprets the relevant legal texts, and concludes with the formulation of the judicial ruling and the explanation of the reasons upon which it is based. This research attempts to answer a central question: Is a judicial ruling merely a formal decision issued by the court according to formal procedures, or is it a rational process requiring the use of logic and sound analysis? The research concludes that a judicial ruling is a complex rational process, not merely a formal decision. It requires skill and precise rational thought, ensuring a fair and correct ruling and contributing to strengthening guarantees of the validity of litigation and the achievement of justice.