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Abstract

The paper argues that reasoning according to law is an instance of moral reasoning. Several ways of understanding this claim are distinguished. A number of arguments to the effect that because of the internal logic of the law, or the special skills it involves legal reasoning should be seen as immune to moral considerations are rejected. Nevertheless, the paper affirms the relative and limited autonomy of legal reasoning, and the sui generis role of doctrine in it which is manifested in the many cases in which the moral considerations pertaining to the case underdetermine its result.