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Legal Technique and Logic-Syllabus PDF

1. The document discusses the importance of logic and critical thinking in both the study and practice of law. It notes that while law and logic are closely connected, law itself is not always logical. 2. Numerous fallacies in reasoning are outlined, including fallacies of ambiguity, relevance, and insufficient evidence. Developing skills in interpretation, verification, reasoning, and asking relevant questions are said to be important aspects of critical thinking. 3. Resolving problems of language through definition, identifying extension and intension, and clarifying vagueness and ambiguity can help address misunderstandings that arise from linguistic issues.

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139 views1 page

Legal Technique and Logic-Syllabus PDF

1. The document discusses the importance of logic and critical thinking in both the study and practice of law. It notes that while law and logic are closely connected, law itself is not always logical. 2. Numerous fallacies in reasoning are outlined, including fallacies of ambiguity, relevance, and insufficient evidence. Developing skills in interpretation, verification, reasoning, and asking relevant questions are said to be important aspects of critical thinking. 3. Resolving problems of language through definition, identifying extension and intension, and clarifying vagueness and ambiguity can help address misunderstandings that arise from linguistic issues.

Uploaded by

ANON12890
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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I.

LAW and LOGIC -Etymological (providing the origin or ancestry)


a. Logic is essential to the practice of law -Operational (specifying experimental procedures)
b. Logic is essential to the study of law
c. Law is not logical e. Types of Definition (As to Purpose)
-Stipulative (to deliberately assign meaning)
-Lexical (to give conventional or standard usage)
II. THINKING -Precising (to clarify vague term in a context)
a Thinking independently is a basic human need -Persuasive (to influence)
b. Thinking independently is dangerous
c. Brief History of Thinking
d. Four Basic Functions of Man's consciousness VII. ERRORS OF DEFINITION
e. Pseudo-thinking a. Circular
f. Legal Thinking b. Too Broad
c. Too Narrow
d. Figurative
III. CRITICAL THINKING e. Obscure
a. Scope: f. Negative
-Not what to think but how we think
-Not what we believe but why we believe
-Not fault-finding VIII. FALLACIES
-Objective, fair and skilled judgment a. Formal Fallacies
-Involves logic (science of correct reasoning) b. Informal Fallacies
-Involves semiotics (knowledge about language) -Fallacies of Ambiguity
-Involves argumentation -Fallacies of Relevance
-Fallacies of Insufficient Evidence
b. Skills
-interpretive (analysis of the language)
-verification (ascertaining truth values) IX. FALLACIES OF AMBIGUITY
-reasoning (basis and acceptability) -Equivocation
-asking relevant questions (meaning, truth and logic) -Amphiboly
-Improper Accent
c. Critical Thinker -Vicious Abstraction
-intellectual honesty
-objective judgment
-openness to criticisms X. FALLACIES OF RELEVANCE
-independent thinking -Personal Attack (Argumentum ad Hominem)
-self-control -Appeal to Pity (Argumentum ad Misericordiam)
-Appeal to Force (Argumentum ad Baculum)
d. Importance -Appeal to Desire
-higher order of thinking (active and intelligent evaluation) -Straw Man
-avoidance of foolish personal decisions (mistakes) -Begging the Question (Petitio Principii)
-protection of social liberties (informed decisions)
-self-respect (development of full potential; liberation from our
ignorance, prejudices and unexamined assumptions) XI. FALLACIES OF INSUFFICIENT EVIDENCE
-Appeal to Popularity
-Appeal to Tradition
IV. REASONING -Appeal to Inappropriate Authority
a. Definition -Accident
b. Argument (premises and conclusion) -Hasty Generalization (Converse Accident)
c. Statement/Proposition (Judgment) -Division
d. Kinds of Sentences -Composition
e. Concept and Term (Abstraction) -Appeal to Ignorance (Argumentum ad Ignorantiam)
-False Cause
f. Non-Arguments -Slippery Slope Argument
-reports -Compex Question
-unsupported opinions -False Dilemma (Bifurcation)
-conditional statements -False Analogy
-explanations

g. Truth, Logic and Soundness XII. OTHER FALLACIES:


-Argumentum ad crumenam
-Argumentum ad lazarum
V. PROBLEMS OF LANGUAGE -Argumentum ad nauseam
a. Uses of Language -Plurium interrogationum / Many questions
-Informative -Non sequitur
-Expressive -Red herring
-Directive -Audiatur et altera pars
b. Common Causes of Misunderstanding
c. Vagueness
d.. Ambiguity XIII. ASSESSING TRUTH CLAIMS
-semantic ambiguity a. Verification
-syntactic ambiguity b. Types of Statements
e. Verbal and Genuine Disputes -Empirical Statements (Falsifiability Principle);
-Analytic Statements (Coherence Theory)
-Evaluative Statements
VI. RESOLVING LINGUISTIC PROBLEMS -Moral Statements
a. Definition
b. Extension and Intension c. Sources of Truth Claims
c. Definiendum and Definiens -Personal Experience
d. Methods in Defining Terms -Background Information
-Denotative (providing concrete examples) -Testimony and Authority of Other People
-Connotative (giving essential characteristics)
-Synonymous (giving words with the same meaning)

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