Selasa, 24 Desember 2013

LOGIC AND LEGAL REASONING: A GUIDE FOR LAW STUDENTS



LOGIC AND LEGAL REASONING: A GUIDE FOR LAW STUDENTS

By Neal Ramee,
Class of 2003, © 2002

I consider the invention of the syllogism one of the most beautiful,
and also one of the most important, made by the human mind. - Gottfried Liebniz

In legal writing, it is not enough for an argument to “make sense” or “get the point across.” A legal argument must exhibit what your Coursepack refers to as “pristine logic.” In order to exhibit “pristine logic,” a legal argument should adhere to the form of the logic syllogism. A syllogism consists of a
major premise, a minor premise, and a conclusion. A major premise usually states a general rule. In legal arguments, this is generally a statement of law. A minor premise makes a factual assertion about a particular person or thing or a group of persons or things. In legal arguments, this is usually a statement of fact. A conclusion connects the particular statement in the minor premise with the general one in the major premise, and tells us how the general rule applies to the facts at hand.
In legal arguments, this process is called applying the law to the facts.

Untuk lebih lengkapnya, silahkan baca artikel di atas di: www.unc.edu/~ramckinn/Documents/NealRameeGuide.pdf

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