ABSTRACT
The core of modern legal theory is how to achieve legitimacy without resorting to holy hypothesis, which inevitably involves an evaluation of legal positivism. For the legal reasoning and argument, logical deduction has served as the lawyers' basic thinking reflected in their legal practices. The deduction of law is a special type of practical discussion being highly institutionalized and formalized. It is carried out in certain organizations, systems, and procedures, and is required to strictly abide by the rules of evidence and debate. McCormick believes that institutional legitimacy is not built on the social contract, but the social "implied contract" – customs and practices. It is under such circumstances that Weinberger proposes the anthropological method pertaining to justice. McCormick's theory focuses on the function of common sense in legal discussion. He pays special attention to the real situation where various viewpoints and considerations intertwine and interact with each other in the brain of legal professionals through practical discussion.
