Business Law Exam Outline Pages 53-105

Business Law Exam Outline Pages 53-105 - Deductive...

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Unformatted text preview: Deductive reasoning : process of inference by reasoning from the general to the specific Ex. Major Premise: all men are mortal Minor Premise: Socrates is a man Conclusion: Therefore, Socrates is mortal Accept the conclusion as true when the minor premise either: (1) Confirms the antecedent (major premise) (2) Denies the consequent (conclusion) I nductive reasoning : results in conclusions that go beyond the information introduced in the premises Ex. This crow is black (observation 1) This crow is also black (observation 2) And this crow is black, too! (observation 3) Every crow I have seen has been black (result) I t is likely that all crows are black (rule) Characteristics: Inductive conclusions are not necessarily t rue like deductive ones They are t rue only to some degree of probability Conclusion contains info not in the premises (goes beyond individuals to generalizations) Inductive reasoning is a rule generating process I t is the essential method of precedent-based reasoning, where a general rule of law is often inferred from specific holdings in a number of prior cases Abductive Reasoning : the process of using evidence to reach a wider conclusion, via inference to the best explanation Ex. D is a collection of data (facts, observations, givens) H explains D (would, if t rue, explain D) No other hypothesis explains D as well as H does Therefore, H is probably correct Validity depends on: How good H is by itself, independent of alternatives How decisively H surpasses alternatives How thorough the search was for alternatives Pragmatic considerations: costs for being wrong and benefits for being right LAW AND ET H ICS Law : those rules which are enforced (What will a court enforce?) Hobbes : Law is, to every subject, those rules which the commonwealth hath commanded him by Word, Writing, or other sufficient Sign of the Will to make use of for the distinction of Right and Wrong; that is to say, of that is contrary and what is not contrary to the rules. Law and order manner Pessimistic about human nature and concluded that only one law prevailed in the world: Homo Homini Lupus (every man is a wolf to every other man) Emphasis upon social controls (restraining peoples basic instincts) Montesquieu : Supported freedom Separating the legislative, executive, and judicial powers of government Helped spur the writing of the constitution Checks and balances and separation of powers Locke : Spoke of law as a liberator Promoter of freedom, to inspire or spark liberty and to improve society People give up some rights to the government but they retain other, inalienable rights Blackstone : a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong Law and Morals/Ethics Ethics and law are intrinsically connected The law tends to be conservative by nature and tends to trail behind ethical consensus We as a society grow philosophically and morally, and thus our laws are impacted...
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This note was uploaded on 02/24/2011 for the course BUL 4310 taught by Professor Carolan during the Spring '08 term at University of Florida.

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Business Law Exam Outline Pages 53-105 - Deductive...

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