The common law method of doctrinal development through case With the processes of inductive reasoning - the logical methods of analogy and inductive generalisation - by which inferencesĪre drawn on the basis of experience and empirical observation. Such an understanding requires, in important part, skill in working Practitioners of the law thus can well benefit from possessing an understanding of the principles of logic that regularlyĪre used in legal reasoning and judicial decision-making. Logic has as much to do with (articulated) legal reasoning as Euclidean geometry has with building houses”. It well when he suggested that the rules of logic “are so ingrained in the pattern of legal reasoning that … erhaps formal For a number of other major 20th century writers on jurisprudence, such as BenjaminĬardozo, John Dewey, Julius Stone, and HLA Hart, agreed that evaluating and creating arguments sits at the core of the crafts of judging and lawyering. Look at his jurisprudential writings together with his judicial opinions reveals that he fully considered logic to be a centralĪspect of law and judicial decision-making. Is all that is typically given to represent Holmes J’s view towards the role logic plays in judicial decision. However, lies the mid-range of practice where law and judicial decision-making do their work. Somewhere between the extremes of strict formalistic jurisprudence and an outright disregard for logic and argumentative form, Uneasy when we are reminded of the formalistic visions of the 19th century jurists - visions that perceived the essence ofĪdjudication as reducible to simply the logical derivation of conclusions required necessarily by predetermined legal principles. Intricate to allow critical appraisal under any single evaluative method, including the principles of logic. Weave of historical doctrine, legal principle, and factual circumstances that comprises judicial decision-making is far too There is good reason to retain a sceptical attitude towards overly rationalistic accounts of law and judicial practice. Holmes, Jr, penned his most famous aphorism: “he life of the law has not been logic: it has been experience”. It was in spirited opposition to that tradition that Oliver Wendell Of their critical energies early in the 20th century. Tradition that the Legal Realist jurists, along with their Free Law counterparts on the European continent, directed much Many legal practitioners have feared that to acknowledge logic as central to law would risk a return to the rationalisticĮxcesses of the formalistic jurisprudences that proliferated in 19th century legal thought. Logic for understanding law and legal reasoning. Ever since, judges and lawyers in common law jurisdictions have minimised the importance of formal He provides useful illustrations of the forms of argument discussed, including some case law examples.Īround the turn of the 20th century, those at the forefront of the Legal Realist movement decried over-reliance on logic in The fallacies in reasoning of each form of argument and, considers the criteria against which inductive reasoning is assessed. The author explains the various forms of reasoning, exposes In submissions or judicial opinion are sound and warrant acceptance. The author contends that although the latter form of reasoning has not been prominent in legal thinking since early in theĢ0th century, an understanding of it will give judicial officers an invaluable tool for assessing whether arguments found Then focuses his discussion on the two broad categories of logical reasoning: inductive reasoning (analogy and inductive generalisation)Īnd deductive reasoning (especially deductive syllogisms in their various forms), and explains how these categories differ. Way of introduction, the author provides a useful overview of the basic terms and concepts used in the study of logic. Provides an introduction to the principles of logic and methods of argumentation most common to law and legal discourse. While many factors such as public policy, science, psychology, moral values, ideals of justice, etc, permeate the deliberationsĪnd decision-making of lawyers and judges, such considerations are intertwined inextricably with reason and logic.
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