SUM of Legal Logic by Evangelista & Aquino.docx - CHAPTER 1...

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CHAPTER 1 Introduction What is Logic? Logic is the study of principles and methods of good reasoning. It is a science of reasoning which aims to determine and lay down the criteria of good (correct) reasoning and bad (incorrect reasoning). Logic being the science of correct reasoning is indispensable in the field of law. The efficiency of practicing depends on the quality of legal reasoning. What is Legal Reasoning? Legal Reasoning is what we used when we applied laws, rules and regulations to particular facts and cases; It is what we used when we interpret Constitutions when we balance fundamental principles and policies. When we evaluate pieces of evidence and make judgments to render legal decisions. How is legal reasoning expressed? It is expressed through Arguments. It is with arguments that logic is chiefly concerned. What is an argument? It is a group of statements in which one statement is claimed to be true on the basis of another statement. The statement that is being claimed to be true is called the conclusion ; and the statement that serves is the basis or the support of the conclusion is called the premise. Please note that all groups of statements are arguments. An argument has a conclusion and a premise. How do you distinguish explanation from an argument? In order to distinguish explanation from and argument, we need to ask a key question, is the speaker’s intent to prove or establish that something is the case – that is to provide reasons or evidence for accepting a claim as true ; or is it his or her intent to explain why something is the case – that is to offer an account why something has occurred. If the former, the passage is an argument; if the latter, the passage is an explanation. What are the components of legal reasoning? Essential components are as follows, to wit: 1. Issue of the argument - What is being argued? An issue is an any matter of controversy or uncertainty; a point in dispute, in doubt or in question- or simply up for discussion or consideration. 2. Rule – What legal rules govern the issue One must be able to cite a rule and apply it to a legal set of facts. According to Richard Neumann, rules have at least three parts: (1) a set of elements, collectively called a TEST. (2) a RESULT that occurs when all the elements (3) CAUSAL TERM that determines whether the result is mandatory, prohibitory, discretionary or declaratory. 3. Fact – What are the facts that are relevant to the rule cited? For legal analysis, we look for MATERIAL FACTS. These are the facts that fit the elements of the rule. 4. Analysis – How applicable are the facts to the said rule? This is where the argumentation or illustration come out. This is supposed to show the link between the rules and facts. 5. Conclusion – What is the implication of applying the rule to the given facts?

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