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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