Internal Justification

According to Jerzy Wroblewski, the scheme of the internal justification includes the material premises for the justified statement Pj (the sources of law), the directives (rules) of legal interpretation accepted in the legal community, and the values needed in evaluating the grounds (Wroblewski 1974, 33, 1992, 30).

From the internal point of view, the scheme of reasoning is syllogistic. What is essential in this scheme is the closed nature of the inference. The conclusion can be drawn deductively from the premises. In this respect, the reasoning follows the rules of L-rationality, and the procedure fulfils the criteria of this kind of rationality if, and only if, it follows the deductive rules of inference. Syllogism as a form of L- rationality is only suitable for ex post rationalisation of the justificatory procedure. The premises of syllogism are always accepted as given starting points, which is also the reason why the internal justification is not a proper type of practical legal reasoning. The real problem for a judge, and for a scholar too, is to find the premises. Wroblewski calls this procedure the external justification.