Logic and the Analysis of Legal Arguments in Public International Law
Law and Logic: Contemporary Issues in Krimphove/Lentner (eds) Duncker & Humblot 2017
Posted: 9 Nov 2017
Date Written: September 1, 2017
Tthis contribution proposes logical criteria to evaluate the (epistemic) strengths and weaknesses of international legal arguments. In doing so, the first section will lay the groundwork for the application of logical tools for the analysis of legal arguments by looking at the concept of legal methodology in international law. Next, it introduces the concept of argument and will demonstrate that any argument takes the form of one (or several) of the four modes of logical inferences based on the ‘logocratic method’ as developed by Professor Scott Brewer. What follows is a demonstration of typical arguments in international law and evaluation criteria for these four modes of logical inferences that is, deduction, induction, abduction and analogy. The last section will conclude.
Keywords: legal argumentation, international legal arguments, legal theory, logic
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