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Logic Syllogism in Legal Arguments
Added on -2019-09-21
So, the legal argument must exhibit a pristine logic and while doing so, any legal argument should adhere to the form of fairly conceivable logic syllogism.
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Answers1.When it comes to logical as well as legal reasoning, the invention of syllogism, I reckon, isone of the most profound and most important applicable aspect of the law. Having said that,it is not always the case that an argument would make a complete sense or able to get thepoint across1. So, the legal argument must exhibit a pristine logic and while doing so, anylegal argument should adhere to the form of fairly conceivable logic syllogism. It is also veryimportant to note that such syllogistic approach can sometimes get intertwined with thelogical fallacies. In light of that Immanuel Kant once famously remarked – “Fallacious andmisleading arguments are most easily detected if set out in correct syllogistic form”.The effectiveness of an argument, most of the time in the court of law, is determined by theability of the lawyers as to how do they interpret the laws. This interpretation of the law cantake any possible argument selection on the part of the lawyers2. They have to choose a wayout to make their arguments heard and reacted to so that their efforts would not fall on thedeaf ears - so to speak. Now, I believe that any law cannot be interpreted in such a mannerthat it would be expressing exactly opposite of what the law itself says. This is what I basemy premise of syllogism on.“The drivers who slip into sudden and unpredicted faints are not negligent for theinjuries thus caused by this”.“Thomas Anderson had unanticipated spell of lapse and went into sleep once during ameeting in his office. After sometime he again slipped into sleep while driving car, whichultimately resulted in an accident”.“In a third similar unanticipated incident, he was declared as not negligent”. 1 Alan H. Goldman, 'Legal Reasoning As A Model For Moral Reasoning' (1989) 8 Law and Philosophy.2 W. B. GALLIE, 'I.—AN INTERPRETATION OF CAUSAL LAWS' (1939) XLVIII Mind.
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