Introduction to Legal Logic and Reasoning

Posted on Nov 4, 2024 in Philosophy and ethics

I. Key Legal Concepts

Matching Terms and Definitions

  1. Natural Logic: The natural aptitude of human beings to combine mental forms of thought (idea, judgment, and reasoning) in an orderly and consistent manner.
  2. Scientific Logic: Systematized knowledge with scientific rigor, developing and refining the natural human ability to combine mental forms of thought (idea, judgment, and reasoning) to provide true and correct thinking.
  3. Legal Logic: Systematized knowledge with scientific rigor, which develops and refines the study of mental forms of thought (idea, judgment, and reasoning) in the creation, modification, and application of law, and in drafting the conceptual system inherent in those functions.
  4. Mental Shape: Mode or order of thoughts.
  5. Right Thought: Developed in accordance with the principles of logic.
  6. True Thought: Consistent with reality.
  7. Thinking: Internal representation of rights.
  8. Judgment: The affirmation or negation of one idea over another.
  9. Idea: The mental representation of an object, without confirming or denying anything about it.
  10. Reasoning: The acquisition of new knowledge from an established incumbent.

II. Exploring Legal Principles and Concepts

1. Paradigmatic Uses of the Term “Right”

  • System: A set of mandatory rules and attributes that govern the conduct of human beings in society and are guaranteed by the state.
  • Faculty: The ability to lawfully do or omit something.
  • Evaluative Sense: A way to qualify a person or conduct as straight or right.

2. Characteristics of the Legal System

  • Institutional: Its creation, modification, and implementation are carried out by representatives of the state.
  • Exclusive: Precludes the application of a different legal system unless expressly permitted.
  • Regulatory: Sets behavioral requirements.
  • Coercive: Its application is guaranteed by the state, even against the will of the subject, including the use of public force.

3. Characteristics of Scientific Knowledge

  • Systematic: Has a particular method and overall order and coherence.
  • Objective: Adheres to reality and is not based on subjective positions.
  • Universal: Formulates valid propositions independent of place and time.
  • Fallible: Is liable to error (represents the best response at a given time).
  • Rationale: Explains the relationship of phenomena from their root causes.

4. Principle of Sufficient Reason in Legal Order

Everything has a reason to be to reach a legal right.

5. Legal Doctrine and Its Characteristics

  • Subject: Focuses on a particular legal system with enforced rules. A legal norm is valid and mandatory in a specific space and time.
  • Propositions: Issued by recipients of the rules who are accepted as legal authorities with discretionary power.
  • Functions: Provides criteria for the creation, modification, and enforcement (executive, legislative, and judiciary) of the law, and for the development of the inherent conceptual system.

6. General Principles of Law

Justice, Equity, Common Good, Equality

7. Characteristics of Logical Principles

  • Clear: Require no explanation due to their nature.
  • Rational: Derived from reason and its form.
  • Normative: Serve as parameters of thought.
  • Transcendental: Present in every mental operation.

8. Difference Between Natural and Scientific Logic

  • Natural Logic: Innate aptitude present in every human being to varying degrees, allowing for the combination of thoughts in an orderly and coherent manner.
  • Scientific Logic: Rigorous study of the combination of thought-forms, aiming to obtain correct and true thoughts.

9. Difference Between Scientific and Legal Logic

  • Scientific Logic: Rigorous study of thought-forms to achieve correct and true thoughts.
  • Legal Logic: Study of thought-forms (idea, judgment, reasoning) in the creation, modification, and application of law, and the development of the inherent conceptual system.

10. Purpose of Juridical Logic

The study of mental forms (idea, judgment, reasoning) in law creation, modification, application, and conceptual system development.

  • Legislative Branch: State activity focused on creating and modifying the legal order.
  • Judicial Function: State activity applying the legal system to resolve disputes and clarify doubtful legal situations.
  • Executive Function: State activity applying law to serve the general interest.

11. Distinguishing the Legal Regulatory System

  • Institutional: Created, modified, and implemented by state representatives.
  • Exclusive: Precludes other legal systems unless explicitly permitted.
  • Regulatory: Sets behavioral requirements.
  • Coercive: State-guaranteed application, potentially involving force.

12. Rules of Rational Legal Discourse (Robert Alexy)

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13. Foundational and Motivational Basis of Legal Acts

  • Found: Obligation to cite legal rules as the basis of the act.
  • Motivate: Obligation to cite specific circumstances and reasons as the basis, demonstrating a relationship with the legal foundation.

14. Principle of the Third Exclusive

Between two contradictory propositions, there is no middle ground.

15. Principle of Sufficient Reason in Legal Order (Repeated)

Everything has a reason to be.

16. Principle of Contradiction in Determining Liability

One thing cannot be and not be at the same time and in the same respect.

17. Difference Between Indicative Proposition and Legislative Provision

  • Proposition: Concrete language referring to reality; true or false based on its correspondence with reality.
  • Legislative Provision: Language expressing the will of the state.