The Potential of Abductive Legal Reasoning

The article describes the potential of abductive legal reasoning as a means of systematically exploring the role of inferences within legal reasoning. Starting out from the structures of abduction as originally presented by Peirce in his four‐horsemen example, the author points to the fact that Peirce actually employed a hypothesis that targeted an institutional fact. Hence the abductive inference has a great potential for categorising new phenomena under norms, yet it is undertheorised within the field of law as compared to other fields of science. The article presents the idea of comparison in the frame of “double abduction” as an important feature of legal reasoning.