"Iudicare" and jurisprudence: understanding, tradition and authority

Abstract

This work aims to offers an analysis about the function of judging according to the model of prudential reasoning and how it’s evaluated in accordance to the rules of practical reason. In other sense, it’s analyzed the functionality of the jurisprudence in the legal reasoning. Although this is a general reflection, it’s used the Spanish legal order as model of reference to show the interaction between the court decision and jurisprudence. Finally, it’s detailed the relation between rationality and reasonableness from the viewpoint of a decisional and argumentative theory of the judicial proceedings.