Legal syllogism: Difference between revisions
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The facts of the case at hand (also called pending, instant, ''[[sub judice]]'', at bar or under argument) serve as the minor premise. These facts may be understood as all elements of the factual setting of the case at hand, i.e. the details of the events, things and persons which occurred in a case to which the rule/norm that constitutes the major premise is to be applied deductively. |
The facts of the case at hand (also called pending, instant, ''[[sub judice]]'', at bar or under argument) serve as the minor premise. These facts may be understood as all elements of the factual setting of the case at hand, i.e. the details of the events, things and persons which occurred in a case to which the rule/norm that constitutes the major premise is to be applied deductively. |
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In legal theoretic literature, legal syllogism is treated as equivalent to an “interpretational decision.”<ref>{{cite book |url= |
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https://books.google.com/books?id=ll2FrD335xUC&pg=PA27 |page=27 |title=Methods of Legal Reasoning |first1=Jerzy |last1=Stelmach |first2=Bartosz |last2=Brozek |publisher=[[Springer]] |isbn=9781402049392}}</ref> |
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==See also== |
==See also== |
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Revision as of 13:07, 17 January 2019
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Legal syllogism is a legal concept concerning the law and its application. It is based upon deductive reasoning applied for the sake of law, hence it is also called legal deduction or deductive legal reasoning.
In legal syllogism there are two premises, minor and major, and one conclusion.
The place of the major premise is taken by a legal norm (or rule). This norm (rule) may be derived from canonical text (text of statutes, constitutions, regulations, international treaties and agreements, ordinances, bylaws etc) or from a judicial precedent. In the latter case, it can be called ratio decidendi or ruling. In the main, it can be considered as a general expression which, in generic terms, states what one ought to do or ought not to do in a certain type of circumstances.
The facts of the case at hand (also called pending, instant, sub judice, at bar or under argument) serve as the minor premise. These facts may be understood as all elements of the factual setting of the case at hand, i.e. the details of the events, things and persons which occurred in a case to which the rule/norm that constitutes the major premise is to be applied deductively.
In legal theoretic literature, legal syllogism is treated as equivalent to an “interpretational decision.”[1]
See also
References
- ^ Stelmach, Jerzy; Brozek, Bartosz. Methods of Legal Reasoning. Springer. p. 27. ISBN 9781402049392.