Legal thinking and thought face numerous challenges related to societal changes and the evolution of legal systems. Among the most prominent challenges are:
1. Technological and Digital Advancements
The emergence of cybercrimes and modern technologies such as artificial intelligence and blockchain requires legal thought to find new solutions and interpretations to apply traditional laws to these developments.
A lack of clear legislation addressing modern technological issues.
2. Multiplicity and Overlap of Legal Systems
Differences between national and international legal systems can lead to difficulties in aligning local laws with international ones.
Jurisdictional conflicts in cases related to arbitration or international trade.
3. Social and Political Transformations
Changing social values and political developments impose challenges on existing legislation, such as women's rights, minority rights, and equality issues.
Addressing political disputes and transitional justice matters.
4. Economic Shifts
Issues related to the digital economy and e-commerce pose challenges in drafting new laws.
Managing disputes arising from globalization and multinational corporations.
5. Ethics and Human Principles
The tension between ethical principles and the application of laws, especially in sensitive matters like abortion, capital punishment, or the use of technology for medical purposes.
6. Complexity of Legal Texts
The difficulty for the general public to understand laws due to their complex legal language.
The need to simplify legal texts and find innovative ways to promote legal awareness.
7. Weakness in Legal Research
Insufficient resources allocated to legal research compared to other fields.
Lack of collaboration between academic institutions and executive bodies in developing legal thought.
8. Environmental Challenges
Issues related to climate change, renewable energy, and environmental justice require a more integrated legal framework.
Addressing these challenges necessitates flexible and comprehensive legal thinking capable of responding to the rapid changes in the modern world, alongside developing legal approaches to be more inclusive and realistic.
Limitations regarding the legal reasoning are as follows
1. The legal reasoning can develop a legal insights towards forming the legal conclusion and forming a legal opinion
Reasoning works but not in every case
2.Legal reasoning has not be applied in terms of machines but has to be applied in terms of human so every dimension of justice has to be kept in minds to provide the realisatic justice
Adaptation to novelty (innovation), new circustances. Court rulings over that can make people smile...
To the challenges that colleagues have mentioned, I would add two seriously influential global trends: the infodemic and post-truth.
The legal argumentation is based on what is known as legal logic, which is a metalogic in comparison to first-order predicate logic. Because of this, where there are no contradictions legally, there may be plenty logically. The axiomatic system faces quite a few issues because all the basic axioms of legal logic are non-propositional (metaphysical), and therefore there are no clear boundaries between them. And when there are no clear boundaries, the fundamental ontological rule is violated (the existence of something implies the existence of boundaries for "this").
The answer to this question depends on two important points. The first is the questioner's personality. The second is the amount of legal culture that the person has. The first is whether the questioner is a lawyer, a student, or a judge. Each of the above faces challenges related to his personality, which differs from the other in that he is searching for evidence, whatever its source, for the benefit of his client... or searching for the best method to reach the ideal ruling if he is a judge. The second point is based on the extent of the person's confidence in himself and his information in order to reach the correct point of legal thinking.
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