Law Vs Logic The Cerebral Conundrum Of The 16th Judicial Circuit Court - Logic, it is said, speaks less as a language than as a code, and is too rigid and inflexible to deal with the. There are many schools of formal logic, but in law the term logic is used informally to mean sound reasoning. So when we say that a judicial opinion is logical we mean that is. Under our system of law, judges are committed to the stare decisis principle that like cases are to be decided similarly, and most judicial opinions accordingly reflect this commitment, either. The main purpose of this paper is to explore the role played by logic in the legal domain. The chapter presents an account that differs from maccormick’s on issues such as the characterization of subsumptive reasoning; Ten instances in which judicial interpretations in matters of evidence and procedure seemingly run counter to logic sometimes a rule reads so plainly, or a concept seems so clear, that. Explore the relationship between modern logic and law. 4 what is attempted here is to outline the bare bones of one tentative way of looking at the relationship between modern logic and the. Logic is relevant to law in two principal ways: As juristic logic and as juridic logic. The former is the logic applied to thought about law; The latter is the logic applied to the thought which law. Concerning the relation of logic to law arose, and to introduce certain distinctions as a way of clarifying their relation. I very broadly speaking, and with some notable exceptions, the. Logic is distinct from the study of methods for discovering correct lines of reasoning (for example, heuristics), although logic can help identify the desired goal or end product of heuristic methods. Part 2 of this article examines how judges use common sense in their judicial reasoning. Part 3 suggests that judicial construction of common sense is a cognitive process. Law and particularly adjudication have historically been a vibrant site for the study of cognition. By “adjudication,” i refer to the formal process by which litigants proffer evidence to. By understanding the unenviable position in which current statutory and common law definitions place judges, it will become apparent that state legislatures, or perhaps the supreme court,.
Logic, it is said, speaks less as a language than as a code, and is too rigid and inflexible to deal with the. There are many schools of formal logic, but in law the term logic is used informally to mean sound reasoning. So when we say that a judicial opinion is logical we mean that is. Under our system of law, judges are committed to the stare decisis principle that like cases are to be decided similarly, and most judicial opinions accordingly reflect this commitment, either. The main purpose of this paper is to explore the role played by logic in the legal domain.