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<p>This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal arguments belong to logic in the wide sense (<italic>sensu largo</italic>), but their reduction to schemes of formal logic (<italic>logica sensu stricto</italic>) is a controversial issue. It can be demonstrated that only some legal arguments fall under explicit rules of formal logic, that is, having a deductive character. Most such reasoning is fallible, and its correctness depends on appealing to extra-logical principles taken from legal norms. For instance, if we say, “If it is permitted more, then it is permitted less” (<italic>argumentum a maiori ad minus</italic>), we assume that the concepts expressed by the words “more” and “less” are already defined.</p>
</abstract>

This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal arguments belong to logic in the wide sense (sensu largo), but their reduction to schemes of formal logic (logica sensu stricto) is a controversial issue. It can be demonstrated that only some legal arguments fall under explicit rules of formal logic, that is, having a deductive character. Most such reasoning is fallible, and its correctness depends on appealing to extra-logical principles taken from legal norms. For instance, if we say, “If it is permitted more, then it is permitted less” (argumentum a maiori ad minus), we assume that the concepts expressed by the words “more” and “less” are already defined.

Legal Reasoning and Logic

University of Information Technology and Management in Rzeszow

Studia Humana

This work is licensed under the Creative Commons Attribution 4.0 International License.

{"article-title":"Legal Reasoning and Logic"}

This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal...

Legal Reasoning and Logic

Pubblicato online: 28 apr 2024

Pagine: 18 - 22

DOI: https://doi.org/10.2478/sh-2024-0016

Parole chiave
argument, premises, conclusion, legal principle, entailment

© 2024 Jan Woleński, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Legal Reasoning and Logic

Pubblicato online: 28 apr 2024

Pagine: 18 - 22

DOI: https://doi.org/10.2478/sh-2024-0016

Parole chiaveargument, premises, conclusion, legal principle, entailment

© 2024 Jan Woleński, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Parole chiave
argument, premises, conclusion, legal principle, entailment