What Is External Validity?
External justification, in this sense, the process of legal application is also a process of legal justification.
External justification
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- External justification, in this sense, the process of legal application is also a process of legal justification.
- Legal justification can be divided into internal justification and external justification. The justification of the premise on which the legal decision depends is external.
- The external justification concerns the rationality of the premise itself used in the internal justification, that is, the justification of the premise.
- "Justification" is often defined as an activity or process that provides a good reason for a decision.
- In the process of applying the law, the legal person, whether it is the legal premise obtained based on a certain method of legal interpretation, that is, the major premise, or the facts of the case determined by the law, that is, the small premise, are used to provide different degrees of support for legal decisions reason. If the process of legal application is a justification process, from the perspective of legal justification, the rationality of legal decisions of legal persons depends on the following two aspects: On the one hand, legal decisions are based on certain rules of reasoning from the premise Deduced; on the other hand, the premise on which the legal decision is derived is reasonable and justified. From the above perspective, legal justification can be divided into internal justification and external justification, that is, legal decisions must be logically derived from relevant premises in accordance with certain inference rules, which are internal justifications; the premise on which legal decisions depend Justification is external. The former only concerns whether the inference is valid from the premise to the conclusion, and the validity or truth value of the inference depends on whether it conforms to the rules or laws of reasoning. The latter concerns the rationality of the premise itself used in internal justification, that is, the justification of the premise. Internal justification guarantees that the conclusion is logically derived from the premises, and it does not have any guarantee as to whether the premises are legitimate and reasonable. If the premise on which a legal decision relies is itself improper and unreasonable, then the legal decision is also improper and unreasonable. In this way, the following questions arise: What is the role and significance of internal justification for legal persons? In the process of internal justification, it is becoming clearer and clearer what premise needs to be justified from the outside, so that those preconditions that may still be obscure must be clearly expressed. Doing so raises the possibility of identification errors and critical errors.