Reasoning

Argumentation - process of laying down eviences in the form of propositions for judgments

2 Kinds of Reasoning:
1. Deduction - general to specific
- Determines whether the argument is valid or invalid
EXAMPLE:
All business tycoons are millionaires.
Some business tycoons are Filipinos.
Therefore, some Filipinos are millionaires.

2. Induction - specific to general

- Rests on probability rather than certainty
EXAMPLE
Pedro is a Filipino. (specific)
Pedri is hardworking man.
Probably, all hardworking man are Filipinos. (universal/general)

2 General Rules Whether an Argument is Valid or Not

1. Conclusion depends from the thought content of the Premise
2. An argument contraining true premises cannot have a false conclusion. (formal validity)

*Can become materially valid but informally invalid.

EXAMPLES:
All the apostles are 12.
Judas is an apostle.
Ergo, Judas is 12.

All stars are heavenly bodies.

Michael Jackson is a star.
Ergo, Michael Jackson is a heavenly body.

*formally valid and materially valid

EXAMPLE:
All white sharks are ferocious animals.
Some sea creatures are white sharks.
Ergo, some sea creatures are ferocious animals.

Logic aims in forming formal validity of an argument. Therefore, arguments that are formally
invalid are invalid in the strictest sense.

Legal Reasoning
*Arguments are defended with reasons. It is a group of statements in which one statement is
claimed to be true in the basis of another statement.
2 Basic Elements of an Argument:
1. Premise
2. Conclusion

*Indicators - seve to indicate the conclusion of an argument

EXAMPLES: (Conclusion) Therefore, So, Thus, Hence
(Presmise) Because, Since, Inasmuch
- However, it is possible that arguments do not have these indicators.

Different Categories of Arguments:

Acceptability of premises and relation between premises and conclusion
1. Logical/ Illogical
2. Valid/ Invalid
3. Sound/ Unsound

Explanation
Explanation is an attempt to show why something is the case while an argument is an attempt to
show that something is the case.
*The two have to be distinguished because unlike an argument, an explanation is NOT meant to
prove or justify a particular claim.

EXAMPLE:
The Judge postponed the hearing because the defendant failed to appear in court due to health
reasons.
*Even with the indicator “because” this is an example of an explanation.

Unsupported Opinion
It may form part of an argument provided that they follow from or support other claims.

Conditional Statements
*Contains an if-then relationship
*No inference is asserted, and no claim that the other statement is true

2 Components:
1. Antecedent or “if” clause
2. Consequent or “then” clause

EXAMPLE:
If the Philippines adopts a parliamentary government then we will not elect a President
anymore.

Components of Legal Reasoning

1. Issue - what is the question being argued
 2. Rule - what legal rules govern the issue
3. Fact - what are the facts that are relevant to the rule cited
4. Analysis - how applicable are the facts to the said rule
5. Conclusion - what is the implication of the rule to the given facts

Criteria Used to Distinguish Correct and Incorrect Reasoning:

1. Presentation of facts which pertains to the question of TRUTH
2. Inference (deriving a claim of judgement from the given laws or facts) which
pertains to the question of LOGIC.