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- Title
Legal Reasoning and Logic.
- Authors
Woleński, Jan
- 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.
- Subjects
LEGAL reasoning; LEGAL norms
- Publication
Studia Humana, 2024, Vol 13, Issue 3, p18
- ISSN
2299-0518
- Publication type
Article
- DOI
10.2478/sh-2024-0016