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LEGAL TECHNIQUE and LOGIC compelling literature and rhetoric, as well as irrefutable

LOGIC and LAW by Nicholas Lucas argumentation.[

Logic is the science of the principles and conditions of correct thinking.


The science with which directs our mental operations in the discovery
and proof of truth. It is an organized knowledge involving principles. All
sciences seek to replace the loose and hazy notions of popular thought
and by exact and systematic knowledge. Logic cannot be classed among
the physical sciences which depend upon perception and measurement
but a science about the mental aspect of the sciences. It guards us
infallibly from error, it familiarized us with the rules and canons to which
right reasoning processes conform, and with hidden fallacies and pitfalls
to which such processes are commonly exposed. The advantage of
admirable mental discipline which the study of the science indirectly and
unconsciously involves. The power of discovering the truth. Aristotle-
perfect means of reaching science. Logic is wider paying more attention
to the application of the syllogisms. The influence of logic upon law rises
from one fundamental fact, that laws are not self-applicableand a rule
of law isolated from a world of fact is no more than a speculative ghost.

The function of logical reasoning and the connection with the law is to
secure the efficient application of the legal principles.

THE PATH OF LAW: Oliver Wendell Holmes Jr: The object of the study
of law is prediction, the prediction of the incidence of the public force
through the instrumentality of the courts. A legal duty is nothing but
prediction that if a man does or omits certain things he will be made to
suffer in this or that way by judgment of the court; and of so legal right. A
systemized prediction. Look at law as a bad man who cares for the
material consequences which such knowledge enables him to predict,
not as a good one , who finds his reasons for conduct whether inside the
law or outside of it, in the vaguer sanctions of conscience.

a bad man has as much reason as a good one for


wishing to avoid an encounter with the public force, and
therefore you can see the practical importance of the
distinction between morality and law". Nearly every man
wants to avoid the disagreeable consequences of
disobeying the law, but not all want to obey the law just
for the sake of obeying it. This is why the point of view of
a bad man is better, because it is the only way to ensure
that everyone will obey the law, and the only way to
enable a lawyer to correctly advise his or her client

Propositions and Sentences

A syllogism is a logical argument composed of three


parts: the major premise, the minor premise, and the
conclusion inferred from the premises. Syllogisms
make statements that are generally true in a particular
situation. In doing so, syllogisms often provide for both
an argument is a series of statements typically used to 1. One premise or two or more independent premise supporting
two or more separate conclusions
persuade someone of something or to present reasons for
2. Two or more dependent premises supporting two more
accepting a conclusion. separate conclusions
3. Two or more distinct but related arguments appearing in the
Sentence-set of words containing a subject and predicate same passage.
conveying a statement, question, excalamtion, command B. Complex arguments with main conclusion and one or more
subconclusions
1. S sub conclusions is a simple argument that serves as a
premise of the conclusion of a larger argument.
Proposition is a sentence that asserts or deny something. Premise indicators: since, for, because, given, due, assuming, insofar,

It is made up of concepts while sentence is of words. The Conclusion indicator: thus, therefore, so, consequently, wherefore, ergo,
concept is T or F and sentence does not bear T or F.
Different propositions cannot have same meaning while
sentences can have same meaning, All can be sentences Argument attempts to show that something is the case
but not all sentences are propositions, Explanation attempt to show why something is the case

Premises are the statements that set forth the reasons or Unopported opinion and Conditional Statements, if, then]
evidence and the conclusion.
Diagramming is used to present the structure of an argument-how
premises and conclusions are interlinked, and how to represent
Complex Argument contains a main argument and one or
conjunctive and convergent arguments. Conjunctive premises is when
more simple arguments serving as premises of the main two or more statemtns function together as a premise that both must be
argument. Independent premise can support fully the true for the conclusion to hold while Conjunctive premise is when the
conclusion without the mediation of another premise. premises stand on their own that is, function as independent reasons for
the conclusions. No plus signs, they must be linked separatelt to the
Dependent premise needs the mediation of another in order
conclusion.
to support fully the conclusion.
An argument is a piece of reasoning in which the reason is intended to
Patterns: provide evidence for accepting a doubted conclusion

A. Complex arguments with multiple conclusions: An explanation is a piece of reasoning in which the reason is intended to
provide a cause for an already accepted conclusion.