Teaching Plan

LEGAL REASONING AND LOGIC

Semester IV
(Batch 2018-23)
Academic Year 2019-20

By
Ms. Charvi Kumar

Symbiosis Law School, Noida

Symbiosis International (Deemed University),
Pune

(December 2019- April 2020)

1
1. INTRODUCTION
The study of law incorporates not just the learning of various rules, regulations
and judgments, but also a detailed enquiry into the logic and reasoning guiding
them. Given the rapid shifts in the socioeconomic and cultural landscape of the
present-day world, it is imperative for young learners of law to be well equipped
in not merely interpreting legal rules, but also understanding their flaws,
loopholes, and strengths, in order to build a better legal system through careful
understanding and reflection. This is, after all, what drives most contemporary
discussions around amendments and enactments of laws.

If lawyers, judges, policy-makers, researchers, and academics were to follow the

law blindly, there would have been no progress beyond the formal/positive
school of thought. It has been through centuries of debate, arguing, and the
application of varying forms of logic, that law has evolved, changing society with
it. To this end, the present course seeks to inculcate in learners a bright and
inquisitive attitude into the laws and rules of the world, not just legal but also
philosophical and moral. Frederick Schauer has defined legal reasoning as the
mastery of an array of talents in argument and decision-making. This course will
help foster that through an extensive foray into the study of “logic”, no longer to
be considered a casual word thrown colloquially into conversation but as a field
of its own right, deserving of attention, understanding and respect.

Law schools aspire to teach their learners how to think differently from the
average layperson, through a special ability of dealing with facts and evidence,
coupled with the capability of understanding the full context of a particular
event, dispute or decision. The possession of these abilities, ultimately, forms
the cornerstone of the merit and success of every lawyer, judge, scholar, and,
indeed, human being.

2. LEARNING OBJECTIVES (Knowledge, Skills andOutcomes)

A. Knowledge
The overall objective of this course is to enable learners to;

a) To identify and grasp the fundamentals of logic and reasoning

b) To distinguish between the various types of reasoning and logic

c) To apply logic and reasoning to everyday practical scenarios including legal

issues

d) To read, analyse and critique laws and judgments through an interdisciplinary

and intersectional lens

e) To evaluate the logic behind various legislations and judgments and assess
their reasonability

f) To develop an innate sense of legal and judicial reasoning and formulate new
rules of laws

2
B. Skills
The overall objective of this undergraduate course is to inculcate learners with
the following set of skills: general cognitive intellectual skills; general
communicative and employability skills; and subject specific skills.
Cognitive
The course demands that learners have the capacity to demonstrate insight in
presenting materials drawn from a wide and sometimes contradictory range of
primary and secondary sources as well as doctrinal commentary; and to
demonstrate an ability to produce a synthesis of those materials that offers a
personal and informed criticism.
Employability
This course on ‘legal reasoning and logic’ demands that the learners have the
capacity to learn how to interpret & apply the existing legal provisions in their
surroundings, so, they may learn how to settle the legal issues within our legal
framework. This course enhances their abilities to interpret the factual situations
as well.
Subject Specific
‘Law’ demands an ability to identify and select issues from the day to day life
and surroundings of humankind. It also demands the analysis of such identified
issues in order to assess and produce a well-supported legal framework in
relation to them.

C. Outcomes
Two key skills will be highlighted by this course. They are:

(a) reasoning skills in existing laws, including judgments, and

(b) independent research.

These skills will be central to learners’ success in completing this course’s

scheme of assessment.

Reasoning Skills in Laws

While preparing for tutorials, learners will be asked to read, analyze and
interpret existing laws, including judgments. They will also be asked to use their
knowledge to support their answer to a number of hypothetical, factual or
problem scenarios.

Independent Research

While preparing for the coursework assignment, particular emphasis will be

placed on independent learning i.e., the ability to take initiative in the research
design (individualized approach or plan of action) and conducting of research
(external legal and non-legal sources) on the stated assignment. The coursework
in question is deliberately broadly drawn, and is designed to enable the learners

3
to be innovative.

Final Outcome Assessment is by compulsory coursework examination (100% -

Internal Assessment) by the Symbiosis Law School, NOIDA under the auspices of
Symbiosis International University (SIU), Pune.

3. LECTURES

(a) Times and Attendance

One lecture time has been set aside for this course for each division. Verify it
from the time-table assigned for each division. To facilitate your understanding
of these lectures, you should always read at least the relevant pages of
suggested readings in advance of each lecture.

As per Symbiosis International University Regulations, please note,

“Students are expected to attend minimum 75% of all scheduled
sessions and other forms of instruction as defined by the programme of
study.”

You are notified that two online sessions with the help of ‘Banyan Tree
@Curiosity’ will be conducted for Tutorial.We will be expecting your
response/answer/reply within stipulated time given. Those who will
respond/answer/reply within the stipulated time given shall be granted
attendance for one lecture each. This activity is compulsory for all and
attendance so granted will form part of the total attendance.

Learners will not be eligible to appear for the examination if they fail to put in
the required attendance. They can update themselves of their attendance daily
online in ‘Attendance’ on ‘Curiosity’ Portal at http://slsnoida.curiositylive.com

(b) Notifications
Learnersare informedthatnotice/s with respect to academic administration, if
required, will be sent using ‘Owl@Curiosity’, either by the Course in Charge or by
the Faculty in Charge. No notifications will be published in Library@Curiosity
by either the Course/Faculty in Charge, Academic Coordination or Learner.
Students are required to keep themselves duly informed.

(c) Lecture Outline

Topic
Week Lecture

Week 1:
Lecture
23 Dec Discussion of Teaching Plan
1
2019
Week 2: Lecture
Discussion of Teaching Plan
29 Dec 2

4
 2019 Lecture 1. Introduction
3 1.1. Legal Argumentation
Lecture 1.2. Legal Reasoning and Legal Logic
Week 3:
4
5 Jan
Lecture
2020 1.3. Legal reasoning and Legal Norms
5
Lecture 1.4. Objectives of Applying Legal Reasoning
Week 4:
6 and Logic
12 Jan
Lecture 1.5. Reasoning, Logic and Scientific
2020
7 Knowledge
Lecture
1.6. Reasoning, Idealism, and Pragmatism
8
Week 5:
4. Legal Argumentation and Interpretation of
19 Jan
Lecture the Law
2020
9 4.1. Concept, Development and Need of Legal
Argumentation
Lecture
Week 6: 4.2. Arguments and Propositions
10
26 Jan
Lecture 4.3. Constituents of Study of Argumentation
2020
11 4.3.1. Philosophical Estate
Lecture
Week 7: 4.3.2. Theoretical Estate
12
2 Feb
Lecture
2020 4.3.3. Analytical Estate
13
Lecture
Week 8: 4.3.4. Empirical Estate
14
9 Feb
Lecture
2020 4.3.5. Practical Estate
15
5. Kinds of Reasons
Lecture
Week 9: 5.1. Decisive Reasons
16
16 Feb
2020 Lecture
5.2. Contributive Reasons
17
Week 10:
Lecture
23 Feb 5.3. Abstract Reasons
18
2020
Week 11: 5.4. Rules of Legal Reasoning
Lecture
1 Mar 5.4.1. Rules of Interpretation
19
2020 5.4.2. Rules of Inference
5.4.3. Rules of Collision
Week 12:
Lecture 5.4.4. Rules to Determine Factual
8 Mar
20 Circumstances
2020
5.4.5. Rules of Procedure
Week 14: Lecture 2. Logic
15 Mar 21 2.1. Reason Based Logic

5
 2020 2.2. Logic, Reasoning and Justice
3. Fallacy
Week 14:
Lecture 3.1. Formal and Other Forms of Fallacies
22 Mar
22 3.2. Relevance of the Fallacies to the Legal
2020
Argumentation
Week 15:
Lecture Application of legal reasoning, library work,
29 Mar
23 assignments and practicals
2020
Week 16:
Lecture Application of legal reasoning, library work,
5 Apr
24 assignments and practicals
2020
Week 17:
Lecture Application of legal reasoning, library work,
12 Apr
25 assignments and practicals
2020

4. READING MATERIALS

(a) Primary Readings

• Frans H. Van Eemeren & Rob Grootendorst, A Systematic Theory of
Argumentation: The Pragma-dialectical Approach (Cambridge University
Press, 2004)

• JaapHage, Studies in Legal Logic (Springer, 2005)

• Julius Stone, Legal System and Lawyers’ Reasonings (Universal Law

Publishing Co., 2011)

• Stanford Encyclopedia of Philosophy, available at:

https://plato.stanford.edu/

(b) Further Readings:

• Copi, Cohen and McMahon, Introduction to Logic (Pearson, 14th edn
2012).

• De Bono Edward, Lateral Thinking (Viking, 2009)

• De Bono Edward, Six Thinking Hats (Back Bay Books, 2nd edn 1999)

• Holland and Webb, Learning Legal Rules (Oxford University Press, 7th edn
2010).

• Jakko and Hoecke (eds.), Objectivity in Law and Legal Reasoning (Hart
Publishing, 2013).

• Neil MacCormick, Legal Reasoning and Legal Theory (Oxford University

Press, 2008).

• Vern. R. Walker, “Discovering the Logic of Legal Reasoning”, 35(4) Hofstra

Law Review (2007).

6
 Note: The above list is indicative and not exhaustive. Earlier editions/Latest
Editions of a number of the above texts might also be available and can be
consulted once account is taken of their datedness, particularly as to
applicable case law. These texts were selected because they provide in one
volume a combination of text, cases and materials i.e., a “one-stop shop”.

Nevertheless, the text provides the basic reading for the course only. There is
much more to the Tort law than this, and you will undoubtedly benefit from
undertaking some reading and study of your own. It is creditable if you, in
respect of the proper use of independent research and study, follow up in the
Law Library some of the case references, periodical articles or other material
referred to in the prime textbook or in class – or even to do some research of
your own. For supplementary reading, you could, for instance, begin by
consulting the relevant sections of the “alternative” texts placed on loan in
the law library. Thereafter you could engage in your own research, with
particular reference to journals on online databases including SCC Online,
LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest,
Kluwer Database (Kluwer Arbitration, Kluwer Patent, and Kluwer
Competition), CLAOnline, Ebrary, Emerald & EBSCO, and offline
database including AIR.

5. ASSESSMENT:
Legal Reasoning and Logic is a 2 credit course so you will be examined in this
course for 50 marks.

Internal Assessment:

Internal examination will be conducted for 50 marks which will include three
modes; one project (10 marks), one tutorial (20 marks) and a Mock Negotiation
Exercise (10 marks).

A. First Mode of Internal Assessment – Project (10 marks)

B. Second Mode of Internal Assessment – Tutorial(Open Book Examination)

(20 marks)

C. Third Mode of Internal Assessment– Mock Negotiation Exercise (20 marks)

6. INTERNAL ASSESSMENT MODE AND SCHEDULE

A. Project Mode and Schedule

The first Component is Research Project, which is aimed at improving research
and analytical skills in order to digress from the standard lecture and test format
sources and ensure learners’ academic learning is more challenging and
rigorous. It is further aimed at enhancing learning capability of learners by
undertaking research.

One research project will be undertaken by each learner. It will be evaluated out

7
of 10 marks.

In the research project, a case will be allotted to each learner; they are expected
to distinguish between the ratio and obiter dictum in the case, analyse it through
an interdisciplinary lens of logic and legal reasoning, and submit the same as per
schedule; further, they will have to submit original thoughts and reflections upon
the judgment based on an intersectional assessment of the case. The greater the
originality, the more points will be obtained by the learner. Other criteria for
evaluation will include the depth of research, grammar and flow, formatting and
footnoting style, and overall structure.

The details about the rules and format of submission are annexed with this
document. (Refer to Enclosure A).

Project Submission Guidelines:

➢ The case topics will be assigned by the Course-in-Charge and the list will be
uploaded on the date specified in the teaching plan.

➢ The Marks will be distributed on the following basis:

o Understanding of facts and relevant laws: 3

o Analysis and critique of the judgment: 4

o Grammar, structure and coherence: 2

o Footnoting and formatting: 1

➢ The project should state the details of the learner (Name, PRN, Division, and
Programme).

➢ The project must be submitted in the form ofa Turnitin-generated plagiarism

report, with the cover page and certificate attached at the front.

➢ As per the anti-plagiarism rules, projects with more than 20%

plagiarized content shall be marked zero.However, the course-in-charge
reserves the right to waive this limit as per her discretion in circumstances
where the majority of the plagiarism is in the footnotes.

Note: Learners are requested to ensure that their project files are renamed to
include their names and PRN before uploading them on Turnitin. Example:
Tim_James_03122019.docx.

Further guidelines for the project are as follows:

i. Word Limit: 2500 words (any more will result in negative marking).

ii. No Spiral Binding or plastic covers; only a stapled copy is required.

iii. Printing must be done on both sides.

iv. The entire plagiarism report, of the text of the project only, not the cover
page etc,should be attached.

8
 v. Handwritten submissions will not be accepted.

Late submissions will not be accepted as learners have more than ample
time to submit the project before the last date. In exceptional
circumstances, learners will be allowed to submit their projects late;
nonetheless, they will incura deduction of one mark per day. Deduction of
the marks will be calculated from the last date of submission.

The schedule of the Project is as follows:

Project
Assignment Submission Result

December 24,
February 5, 2020 February 18, 2020
2019

B. Tutorial Mode and Schedule

Tutorial – Written Examination:

The second component of the internal assessment shall be a tutorial. It will

consist of at least two open problems/questions, carrying a total of 20 marks.

The tutorial will provide learners with an opportunity of assessing their

knowledge of Legal Reasoning Skills. The tutorial will also provide them with an
opportunity to develop written skills of presentation and reasoned arguments.
Lack of preparation and a fortiori non-attendance will mean that learners will fail
to make the most of the learning opportunities provided by this tutorial. In order
to achieve the two stated skills objectives i.e. presentation and problem solving
skills, one tutorial is scheduled in this semester.

It is an Open Book Examinationi.e. examinees are allowed to bring and use

any material including books, articles, hand written notes, hand-outs and similar
printed material. It does not include the use of any electronic gadgets, machines
orsimilar materials and devices.

The schedule of the Tutorial is as follows:

Result Date Topics

Test Date

March 13, 2020 1, 4, 5

March 2, 2020

Discussion on Banyan Tree: To understand the tutorial method, two online

9
 sessions (situation based)will be conducted with the use of Banyan-
Tree@Curiosity.

The Banyan Tree Posting schedule is as follows:

Session Begins Ends Attendance

January 20, 2020 January 22, 2020

I at 8:00 pm at 11:59 pm One Lecture

February 12, 2020 February 14, 2020

II at 8:00 pm At 11:59 pm One Lecture

These sessions are COMPULSORY for all learners. They should submit a quality
response/answer/reply within the stipulated date and time.Learners who comply
with these criteria will be granted attendance for one lecture each. A lack of
response from a learner will result in the learner being marked absent. Please
remember that the attendance so granted for the session/s will form part of the
total lectures and thus the overall attendance of the subject this semester.

C. Mock Negotiation Exercise

The third component of the internal assessment will be mock negotiation
exercise. In this exercise, learners will be divided into two groups and given a
hypothetical dispute. The groups will then have to represent one of the parties to
the dispute and attempt to come to a satisfactory settlement so as to help their
clients avoid a lengthy and drawn-out court process. The exercise will require
learners to not just demonstrate their understanding of the concepts taught in
class, but also will gauge their ability to apply their knowledge of identifying,
analyzing and interpreting legal rules from statutes and precedents to practical
case scenarios allotted to them on the spot. It will be an open book exercise that
will rely more on their ability to reason and apply logic to practical, every-day
scenarios rather than memorise and spout legal provisions. Learners will be
given detailed guidelines in class during the discussion of the teaching plan.

Schedule: Mock Negotiation Exercise

Date Division Roll No. Time

25/03/20 A 1-22 2:00 – 3:30 pm

26/03/20 A 23-44 2:00 – 3:30 pm

10
27/03/20 A 45 onwards 2:00 – 3:30 pm

30/03/20 B 1-22 2:00 – 3:30 pm

31/03/20 B 23-44 2:00 – 3:30 pm

01/04/20 B 45 onwards 2:00 – 3:30 pm

17/03/20 C 1-22 2:00 – 3:30 pm

18/03/20 C 23-44 2:00 – 3:30 pm

19/03/20 C 45 onwards 2:00 – 3:30 pm

20/03/20 D 1-22 2:00 – 3:30 pm

23/03/20 D 23-44 2:00 – 3:30 pm

24/03/20 D 45 onwards 2:00 – 3:30 pm

12/04/20 E 1-22 2:00 – 3:30 pm

13/03/20 E 23-44 2:00 – 3:30 pm

16/03/20 E 45 onwards 2:00 – 3:30 pm

7. ADMINISTRATIVEARRANGEMENTS AND CONTACT HOURS

The Course-in-Charge for Legal Reasoning and Logic is Ms Charvi Kumar. If
any doubts remain, learners are encouraged to kindly contact her via her e-mail
ID: charvi@symlaw.edu.in during office hours, i.e. 9 am to 5 pm. They may also
visit the course-in-charge between 2 pm and 4 pm on Wednesdays and
Fridays only. Learners are advised to seek an appointment beforehand.

All questions, comments, and feedback are welcome. While the lessons will be
seminar-style and all learners are encouraged to participate, those who do
struggle to speak in class are welcome to continue the conversation in person
after class as well. The aim is to give learners the greatest flexibility and
autonomy over their learning and thought process, especially when it comes to
their distinct analyses of the provided readings.

11
 Annexure A

Guidelines for Project

The Maximum Marks for the project are 10. The final copy of the project should
be presented in accordance with the following specifications:

1. The paper used for printing shall be of A4 size.

2. Printing shall be in a standardized form and in one-and-a-half spacing.

• Font: Verdana

• Size: Main Heading 11 (Bold, upper case), Sub-heading 11 (Bold, title

case),Body 11

• Alignment: Justified

• MS Word: .docx or .doc.

• Page layout: left and right - 2 cm, top and bottom – 1.5 cm.

• Word Limit: 2000-2500 Maximum

Note: Many of these format options will not appear in the Turnitin
Report, which is fine. However, learners are still advised to follow this structure
for the sake of uniformity, with careful attention to whether something should be
emboldened/italicised/underlined or whether it should be in
title/upper/sentence/lower case.

3. The candidate should use footnotes and not endnotes. Formatting for
footnotes:

• Single spacing

• Verdana size 10

• A uniform standard of citation. Preferable citation and bibliography style

to be used is given in Appendix ‘D’.

4. The title of the project, name of the candidate, degree, faculty, university,
month and year of submission, and the name of the research guide with his/her
designation and full official address shall be printed on the first page and on the
front cover as given in Appendix ‘A’.

5. A certificate (Appendix ‘B’) affirming that the research work of the candidate is
original, and that the material, if any, borrowed from other sources and

12
incorporated in the thesis has been duly acknowledged should be signed by the
candidate and counter signed by the research guide. It should also state that the
candidate himself/herself will be held responsible and accountable for plagiarism,
if any, detected later.

The candidate and research guide should further certify that research papers, if
any, published based on the research conducted out of and in the course of the
study.

6. The structure of the project should be made as per Appendix ‘C’. Learners are
advised to pay close attention to the rules.

7. There will be no need for a bibliography or acknowledgments.

8. The following rules will apply to Turnitin report:

(a) The report should include every aspect of the case analysis but NOT the
cover page, certificate, etc. This is to ensure the minimization of paper
wastage and unnecessary appearance of plagiarism in those pages.

(b) The title of the report and name of the learner should match the actual
title and learner’s name.

(c) The Turnitin report should have included every checkbox, “internet sources”,
“publications” and “student papers”.

(d) The word count of “Exclude matches” should be “<5 words” and not
more.

(e) If it is later discovered that rules (c) and/or (d) were violated, 5
marks will automatically be deducted from the final score of the
learner.

13
 Appendix ‘A’ – Front Page and Cover

Title of the project (centered on two or more lines)

----------------------------------------------------------------------------------

---------------------------------------------------------------

----------------------------------------------------

Submitted by

Name of the candidate

-----------------------------------------

Division.... Roll No....Class...

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE

In

Month, year

Under the guidance of

MsCharvi Kumar

-----------------------------------

14
 Appendix ‘B’ – Certificate

C E R T IF IC AT E

The Project entitled “_________________________________” submitted to the

Symbiosis Law School, NOIDA for Legal Reasoning Skills as part of Internal
assessment is based on my original work carried out under the guidance of
______________ from ________ to __________. The research work has not
been submitted elsewhere for award of any degree.

The material borrowed from other sources and incorporated in the thesis has
been duly acknowledged.

I understand that I myself could be held responsible and accountable for

plagiarism, if any, detected later on.

Signature of the candidate

Date:

15
 Appendix ‘C’ – Project Layout

1. The research project is to be made in a uniform pattern, consisting of:

• The title page (as per Appendix ‘A’), unnumbered

• The certificate (as per Appendix ‘B’) signed by the candidate and counter-
signed by the research guide, unnumbered

• The main paper, to be numbered normally (1, 2, 3…)

2. As the research project will be very brief, acknowledgements and table of

contents should not be included.

3. Candidates’ papers are supposed to have an Introduction, a Main Body, and a

Conclusion. Both the Introduction and Conclusion should be as long as 10% of
the main body.

4. If learners discover that their case is too long, they are requested to see the
course in charge to see if any specific aspect of the case may be undertaken
instead. If, instead, it turns out the judgment is too short, it is imperative to
mention the length in the project so that the marks received by them are fair
and not unnecessarily deducted owing to a prima facie impression of laziness on
their part.

5. The following sample format is recommended for learners:

CASE NAME

Introduction

The learners will introduce their topic here, giving an overview of the specific
approach they intend to take in the project.

In a separate paragraph, they must mention the Coram and the length of the
judgment.

Facts

Learners will then summarise the key facts of the judgment.

16
Relevant Laws and Issues

In this section, learners are expected to provide an overview of the laws

applicable, legislations, rules and regulations, precedents etc, and proceed to list
the issues.

Judgment

Learners will outline the ratio of the case.

Analysis

Judge’s Reasoning

Learners will lay out the key points of logic and reasoning that led the court to
arrive at the ratio.

Critique

Learners will assess, analyse and critique the judgment and, where necessary,
suggest an alternative viewpoint on the issue.

CONCLUSION

The learners will finally summarise everything said in the “Analysis” section in
not more than 200 words.

17
 Appendix ‘D’- Citation Style

The candidate is expected to use footnotes, not endnotes. As far as possible, the
information provided should be complete so as to provide easy access to readers
if they wish to peruse the topic further.

The footnote citation style and entries in the bibliography should follow a uniform
pattern, preferably using the JILI or OSCOLA style.

18