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Journal Article
Legal Reasoning and Logic
2024
Overview
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 (
), but their reduction to schemes of formal logic (
) 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” (
), we assume that the concepts expressed by the words “more” and “less” are already defined.
Publisher
Sciendo,De Gruyter Brill Sp. z o.o., Paradigm Publishing Services
Subject
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