Explain Briefly What May Be the Positive and Negative Effects

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The Answer is The use of logic in legal reasoning may assist in providing certainty of legal reasoning and therefore certainty of outcome. Limiting the role of logic may lead to less legal certainty and less predictability in the outcome of cases - but, by limiting logic, it may be easier to serve the needs of society, through the use of concepts like 'justice' rather than by the strict application of logic. Limiting the role of logic may also provide judges with the discretion to respond to the changing needs of society or to decide cases that include exceptional circumstances requiring creative solutions. It is important to note, however, that judges are drawn from a relatively narrow section of society, and so their views may reflect their similar backgrounds and experiences rather than the diversity of the wider public experience. Consequently, the role of judicial discretion, while important to deal with unusual cases, must also be limited to allow decision-making based on a relatively objective set of criteria, rather than on a relatively narrow set of subjective ones.

Explain Briefly What May Be the Positive and Negative Effects

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