• Deductive Legal Reasoning: Deductive reasoning is a
logical process in which a conclusion is based on
multiple premises that are generally assumed to be true. • Significance of Deductive Legal Reasoning: Deductive reasoning is used for legal reasoning. It is often expressed in the form of a syllogism, in which a conclusion is inferred from two known premises, for instance: • All human beings are mortal. Kala Khan is a human being. Therefore, Kala Khan is mortal. • Syllogism or Syllogistic Legal Reasoning: It is a method of reasoning in which a conclusion is drawn from two given propositions called premises i.e. Major Premise and Minor Premise. The major premise is a general principle for example, “All dirty floors show negligence.” The minor premise refers to a specific fact, such as “This floor of this restaurant is dirty.” The conclusion relates the minor premise to the major premise. After stating a general principle on the given specific fact, we can arrive at a conclusion, “This restaurant floor shows negligence.” Example of Syllogistic Legal Reasoning: • All men are mortal. • Shehzad is a man. • Therefore, Shehzad is mortal. • The first sentence of the above example is called “Major Premise” which is usually a broad and generally applicable truth, i.e. “All men are mortal.” The second sentence is termed, “Minor Premise”, which is usually a more specific and as narrowly applicable fact i.e. “Shehzad is a man”. While the third sentence is named as, “Conclusion” which is true as a consequence of the premises i.e. “Shehzad is mortal.” The Principle: • The principle behind a syllogism is that “what is true of the universal is also true of the specific.” In deductive reasoning, you reason from the general to the particular, so it is essential that the general statement is a universal truth. Example: • Consider the following flawed syllogism: • Some men are tall. • Shehzad is a man. • Therefore, Shehzad is tall. • The statement, “some men are tall” does not allow you to deduct that if Shehzad is a man, then he must be tall. This is an example of flawed syllogism. • Significance of Syllogistic Legal Reasoning for Law Students: • Law students should identify syllogisms when reading cases and use syllogisms in their outlines and solving problem-based questions in their exams.
• Legal Reasoning through Analogy:
• The Main Object of Reasoning: The main object of legal reasoning is to reach to certain conclusion concerning the facts of a case and to use such conclusion as an argument; • Legal Reasoning through Analogy: In the method of legal reasoning by analogy, a present case is compared with a previously decided cases. If the facts of the cases are similar, the legal principal applied in the previously decided case can be used as an argument. • Example: A man driving a Toyota Corolla runs over an old lady who was lawfully using a zebra crossing. The man was held liable in negligence by a court of law in a previously decided case. In a later case A woman driving a Honda City runs over an old man who was crossing the road using a zebra crossing. • If the question before the court is whether the woman was liable in negligence? • To answer this question the previously decided case can be presented to a court as an argument upon the negligence of the woman driver in the latter case. Propositions and Arguments
In reasoning we construct and evaluate arguments; arguments are
built with propositions. A. Propositions Propositions are the building blocks of our reasoning. Propositions may be simple, or compound, containing other propositions within themselves. A proposition asserts that something is true or false. And the term statement is not an exact synonym of proposition, but it is often used in logic in much the same sense. Statement: A statement is a declarative sentence, which is a sentence that is capable of being true or false. The internal structure of propositions is important. To evaluate an argument, we need a full understanding of the propositions that appear in that argument. Declarative Sentence: • Only a declaratory sentence is called and makes a statement or “declares” something; • Example of Declarative Sentence: • For instance, “He eats yogurt”, “He has gone home” or “I am a student” etc. • The following sentences are statements: • 1) Chocolate are loaded with calories;- true • 2) Garlic is useful for heart disease;- true • 3) Pakistani political leaders always tell truth;- false • 4) No servants ever cheat on their masters. - false • 5) Taimoor plays golf and Muhsin plays tennis.-both true Sentences Are Not Statements: • The following sentences are not statements: • 1) Where is Khartoum? (Question); • 2) Let’s have lunch at Des Pardes (Proposal); • 3) I suggest you get contact lenses (Suggestion); • 4) Turn off the TV right now (Command); • 5) Fantastic! Yummy! Wonderful! (Exclamation); Types of proposition • conjunctive proposition. Asserting a conjunctive proposition is equivalent to asserting each of its component propositions separately. • Some compound propositions do not assert the truth of their components. • In disjunctive (or alternative) propositions: no one of the components is asserted truthiness . Abraham Lincoln (in a message to Congress in December 1861) said, “Circuit courts are useful, or they are not useful.” This disjunctive proposition is plainly true, but either one of its components might be false. • Some compound propositions that do not assert their components are hypothetical (or conditional) propositions: “If God did not exist, it would be necessary to invent him.” Here, again, neither of the two components is asserted. The proposition “God does not exist,” is not asserted, nor is the proposition, “it is necessary to invent him.” Only the “if–then” proposition is asserted by the hypothetical or conditional statement, and that compound statement might be true even if both of its components were false.