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    Lecture On Law and Logic

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    Rahul Tambi
    This document summarizes a lecture on law and logic presented to B.A., LL.B. (Hons.) students in 2017. It discusses the relationship between law and justice, and how logic relates to legal reasoning and decision making. Specifically, it examines informal logic used in everyday arguments versus formal logic, and covers deductive reasoning methods like syllogisms as well as inductive reasoning from specific observations to broader generalizations. The lecture aims to distinguish good legal reasoning from bad using principles of logic.

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    Lecture On Law and Logic

    Uploaded by

    Rahul Tambi
    41 views12 pages
    This document summarizes a lecture on law and logic presented to B.A., LL.B. (Hons.) students in 2017. It discusses the relationship between law and justice, and how logic relates to legal reasoning and decision making. Specifically, it examines informal logic used in everyday arguments versus formal logic, and covers deductive reasoning methods like syllogisms as well as inductive reasoning from specific observations to broader generalizations. The lecture aims to distinguish good legal reasoning from bad using principles of logic.

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    LECTURE ON LAW AND LOGIC, PPT

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    This document summarizes a lecture on law and logic presented to B.A., LL.B. (Hons.) students in 2017. It discusses the relationship between law and justice, and how logic relates to legal reasoning and decision making. Specifically, it examines informal logic used in everyday arguments versus formal logic, and covers deductive reasoning methods like syllogisms as well as inductive reasoning from specific observations to broader generalizations. The lecture aims to distinguish good legal reasoning from bad using principles of logic.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    41 views12 pages

    Lecture On Law and Logic

    Uploaded by

    Rahul Tambi
    This document summarizes a lecture on law and logic presented to B.A., LL.B. (Hons.) students in 2017. It discusses the relationship between law and justice, and how logic relates to legal reasoning and decision making. Specifically, it examines informal logic used in everyday arguments versus formal logic, and covers deductive reasoning methods like syllogisms as well as inductive reasoning from specific observations to broader generalizations. The lecture aims to distinguish good legal reasoning from bad using principles of logic.

    Copyright:

    © All Rights Reserved
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    of 12

    LECTURE ON LAW AND LOGIC

    FOR B.A., LL.B. (HONS.), 2017-18

    PRESENTED BY:
    THANGZAKHUP TOMBING
    ASSISTANT PROFESSOR OF LAW
    NLU, ASSAM
    29/08/2017
    LAW AND LOGIC
     To understand the relation of law and
    justice.
     The path of the law, the language of
    judicial decision is mainly a language of
    logic. – Holmes
     “...the life of the law has not been logic; it
    has been experienced”- Holmes
     Experience- the felt necessities of the
    time; the prevalent moral and political
    theories; institution public policies etc...
    COMPONENTS OF LOGIC

    Logic

    Informal Formal

    Inverse
    Deductive Inductive Analogy Fortori
    Deductive
    LOGIC
     Logic is the study of reasoning.
     Derived from the Greek word “logos”
    which has a variety of meaning including
    word, thought, idea, argument, account,
    reason or principle.
     Logic is the study of reasoning, or the
    study of the principles and criteria of valid
    inference and demonstration.
     It attempts to distinguish good reasoning
    from bad reasoning.
    INFORMAL LOGIC
     It studies natural language(general- purpose
    of communication) arguments, and attempt
    to develop a logic to asses, analyse and
    improve ordinary language or everyday
    reasoning. (e.g. I am not sleeping, because I
    am awake!!)
     It focuses on the reasoning arguments one
    finds in personal exchange, advertising,
    political debate, legal argument, and social
    commentary....newspaper, TV, social media,
    mass media.
    FORMAL LOGIC
     The traditional logic or philosophical logic
    where expression (premise) include the
    study of inference with purely formal and
    explicit content.
     A formal system is used to derive
    expression (conclusion) from one or
    more expressions (premises).
     Developed by Aristotle- syllogism.
    Deductive Method
     It is a process of reasoning from the general to
    particular or from the universe to individual.
     It starts with general statements and concludes in
    a specific statement.
    All men are mortal;
    Ajad is a man;
    Therefore, Ajad is mortal.
    • The first proposition is the Major Premise, the
    second the Minor premise, the third proposition,
    because it follows from the Major and the Minor
    premise, is the Conclusion.
    Deductive Method
    Ilustration:
    COMPLAINT
    I. Major Premise: Whoever enters into or upon
    property in the possession of another with
    intent to commit an offence, is said to commit
    “criminal trespass”.
    II. Minor Premise and Complaint: The defendant
    did upon a certain day and at a certain place,
    forcibly and against the will of the owner, enter
    upon the plaintiff’s land, etc…
    III. Conclusion: Therefore, the plaintiff was injured
    and damaged in the sum of Rs. X
    Deductive Method
    DEFENSE- I
    (Facts as alleged do not come under general rule
    of law)
    I. Major Premise: Any set of facts which does
    not come within the general rule of law
    governing such facts is not actionable.
    II. Minor Premise: This set of facts does not
    come within the rule of law.
    III. Conclusion: Therefore, this set of facts is
    not actionable.
    Deductive Method
    DEFENSE- II
    (Facts as alleged do come under general rule of
    law, but the alleged facts are not true…)
    I. Major premise: alleged facts are not true
    constitute no cause of action.
    II. Minor Premise: The defendant denies
    each and every allegation in the
    plaintiff’s complaint.
    III. Conclusion: Therefore, there is no cause
    of action.
    Inductive Method
     Inductive reasoning starts from a particular
    case to whole group.
     It is a process of reasoning from observable
    facts to generalization, there is a sense of
    posteriori, historical or experience.
    e.g.
    1. Crow in Delhi is black in colour.
    2. Crow in Guwahati is black in colour and so
    on…
    3. All Crows are black in colour.
    Inductive Method
    Steps in Inductive Method:
    # The menace of rape cases in India
    I Statement of Problem
    II Observation
    III Hypothesis
    IV Data Collection
    V Content Analysis
    VI Conclusion/ Theory

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