Abstract

http://ssrn.com/abstract=1704046
 
 

Footnotes (233)



 


 



The Use and Limits of Deductive Logic in Legal Reasoning


Wilson Ray Huhn


University of Akron - School of Law

January 1, 2002

Santa Clara Law Review, Vol. 42, pp. 813-862, 2002

Abstract:     
At one time law was considered to be a science; this belief was associated with the concept of “natural law.” And just as law was considered a science, legal reasoning was considered to be a species of deductive logic. However, it is now recognized that the purpose of legal reasoning is not to prove to others the truth of a statement of fact, but is rather to persuade others about how the law ought to be interpreted and applied. Although legal reasoning is logical in form, in substance it is evaluative.

There are two types of hard cases: cases where a rule of law is ambiguous, and cases where the validity of a rule is in question. Questions of ambiguity arise when the minor premise of a proposition of law is challenged, while questions of validity arise when the major premise of a proposition of law is challenged. Hard cases are cases where two or more valid legal arguments lead to contradictory conclusions.

The brief of a case is not a single syllogism of deductive logic; rather, it consists of strands or chains of syllogisms - "polysyllogisms." The polysyllogistic approach is a useful means for describing the underlying structure of legal reasoning. This approach reveals that the base minor premises of legal arguments consist of items of evidence of what the law is, while the base major premises are the categories of legal arguments that may be legitimately made.

Deductive logic plays a central role in legal reasoning, but logic alone cannot solve hard cases. When we attempt to reduce the decision of a case to an argument of deductive logic, the aspects of legal reasoning that are not deductive are exposed. A system of pure logic works only in easy cases, i.e. cases where the validity of the rule of law is unchallenged and the terms of rule are unambiguous. Hard cases are resolved by a complex balancing of intramodal and intermodal arguments, in which the court evaluates not only the strength of individual arguments, but also the relative weight of the values that support our legal system, as implicated in the particular case.

Number of Pages in PDF File: 50

Keywords: logic, deductive logic, syllogism, syllogistic reasoning, legal reasoning

JEL Classification: K10, K19

Accepted Paper Series


Download This Paper

Date posted: November 7, 2010 ; Last revised: November 8, 2010

Suggested Citation

Huhn, Wilson Ray, The Use and Limits of Deductive Logic in Legal Reasoning (January 1, 2002). Santa Clara Law Review, Vol. 42, pp. 813-862, 2002. Available at SSRN: http://ssrn.com/abstract=1704046

Contact Information

Wilson Ray Huhn (Contact Author)
University of Akron - School of Law ( email )
150 University Ave.
Akron, OH 44325-2901
United States
330-972-6791 (Phone)
330-258-2343 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,558
Downloads: 279
Download Rank: 62,385
Footnotes:  233

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.532 seconds