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Legal Reasoning and Logic Cover
By: Jan Woleński  
Open Access
|Apr 2024

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.

Language: English
Page range: 18 - 22
Published on: Apr 28, 2024
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2024 Jan Woleński, published by University of Information Technology and Management in Rzeszow
This work is licensed under the Creative Commons Attribution 4.0 License.