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This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.
Provides an essential introduction to classical logic.
Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.
Pragmatism, Logic and Law offers a view of legal pragmatism consistent with pragmatism writ large, tracing it from origins in late 19th century America to the present, covering various issues, legal cases, personalities, and relevant intellectual movements within and outside law. It addresses pragmatism’s relation to legal liberalism, legal positivism, natural law, critical legal studies (CLS), and post-Rorty “neopragmatism.” It views legal pragmatism as an exemplar of pragmatism’s general contribution to logical theory, which bears two connections to the western philosophical tradition: first, it extends Francis Bacon’s empiricism into contemporary aspects of scientific and legal experience, and second, it is an explicitly social reconstruction of logical induction. Both notions were articulated by John Dewey, and both emphasize the social or corporate element of human inquiry. Empiricism is informed by social as well as individual experience (which includes the problems of conflict and consensus). Rather than following the Aristotelian model of induction as immediate inference from particulars to generals, a model that assumes a consensual objective viewpoint, pragmatism explores the actual, and extended, process of corporate inference from particular experience to generalization, in law as in science. This includes the necessary process of resolving disagreement and finding similarity among relevant particulars.
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Studies in Legal Logic is a collection of nine interrelated papers about the logic, epistemology and ontology of law. All of the papers were written after the publication of the author’s Reasoning with Rules and supplement the issues addressed therein. Some of the papers are new; others have been revised substantially after the publication of their original versions. The emphasis is on analysis, not on logical technicalities. Studies in Legal Logic contains chapters about the nature of norms, the role of coherence in the law, the nature of defeasibility, the role of dialectics in law and artificial intelligence, the statics and dynamics of the law, and the consistency of rules. Moreover, it contains a new, simplified and yet more powerful version of Reason-based Logic and extensive examples of how it can be used for the analysis of legal reasoning. The examples deal with legal theory construction, case-based reasoning, and judicial proof.
This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.
This book explores relationships between law and legal reasoning, and recent developments in formal logic.