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LOGIC
INTRODUCTION
1. The Constitution requires that judicial decisions be logical, for it requires that every
judgment set forth with clarity the facts as well as the law on which it rests. Obviously, then,
it is required that a judgment follow from the evidence adduced as well as from the relevant
law, and whether or not it does follow is a question of logic.
2. More basic, however, than the constitutional demand is the requirement of rationality.
It is a demand of reason that conclusions be reasonably arrived at, and, in law, this means
that they have to be correctly and validly argued.
3. Logically argued conclusions of courts of law contribute to public confidence in the
Judiciary. After all, a well-written decision and a compellingly argued judgment need no
further defense.
LOGIC
Logic for Legal Reasoning
• Logic and the law are intertsdfsdfsddfsdfwined
• Law schools don’t always teach logical reasoning or argument
• Sdflsdfl;sdkf;lsdfk;sld
• You cannot read case like a lawyer until you understand the basics of logical thinking
Logical Reasoning for Lawyers
• A basic command of logical reasoning is needed to follow most legal arguments
• Critical to success in the law school classroom
• Central to spfosidpfisdoifpdialogue
• Not required to know the ins and outs of all logical reasoning just the basics
Legal Technique & Logic by Atty. Alex C. Tejerero 08/09/2021
3
LOGIC
DIFFERENT MEANINGS:
SCIENCE
SCIENCE
• Logic as the science of reasoning, however, is not to suggest that
logic is an empirical (i.e., experimental or observational) science
like physics, biology, or psycholdsfsdfdsfsdfogy. Ratkfsdkf;k;sldher,
logic is a non-empirical science like mathematics. Also, in saying
that logic is the of the actual reasoning a being's head when he or
she (or it) is reasoning. They could not, however, tell us whether
the being is reasoning correctly or incorrectly.
• Distinguishisdfsdffdng correct reasoning from incorrect reasoning
is the task of logic.
Legal Technique & Logic by Atty. Alex C. Tejerero 08/09/2021
7
ARGUMENTS
• – any group of propositions of which one is claimed to follow from the others,
which are regarded as providing support or grounds for the truth of tsdsdhat one;
refers strictly to anysdsd group of propositions of which one is claimed to follow
from the others, which are regarded as providing support for the truth of that one.
• An argument is not a mersdsde collection of propositions; a passage may contain
several related propositions and yet contain no argument at all.
• For an argument to be present, the cluster of propositions must have a structure
(by using “premise” and “conclusion”)
Components:
• 1. Persuasdassion: seek to produce action through the
use of emotional appeal
• 2. Convictiondsd: deals with the mind and logic.