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Logic & Reasoning Mid Term Assignment

1) There is a connection between logic and law, as every man-made law is a product of logic, even if the law is unpopular or cannot inherently command obedience. 2) While law and logic have been attracted to each other, with law offering contexts for logical application and logic providing tools to improve legal reasoning, they have also been in conflict. Logic is sometimes seen as too rigid for the complex problems of law. 3) However, when legal scholars discuss good or bad legal arguments, they are implicitly referring to the logical criteria that constitute reasoning. So while legal reasoning remains debated, there is no legal reasoning without an underlying logic.

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88 views

Logic & Reasoning Mid Term Assignment

1) There is a connection between logic and law, as every man-made law is a product of logic, even if the law is unpopular or cannot inherently command obedience. 2) While law and logic have been attracted to each other, with law offering contexts for logical application and logic providing tools to improve legal reasoning, they have also been in conflict. Logic is sometimes seen as too rigid for the complex problems of law. 3) However, when legal scholars discuss good or bad legal arguments, they are implicitly referring to the logical criteria that constitute reasoning. So while legal reasoning remains debated, there is no legal reasoning without an underlying logic.

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امرزش جاوید
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Registration No: BA.

LLB/1-20/M01042

Student Name: Abdul Sammi

Title of Assignment Mid Term Exam

Title Of Course: Logic & Reasoning


Name of Faculty Member Mr. Faizan Moshaffy

Submission Date: 30-July-2021

Group No: “C”

Logic & Reasoning | Mid Term Assignment 1


Question
Is there any connection between logic and law? Explain (group c)

In Order to discuss the connection between logic and Law we have to understand Logic and
Law first.

Logic
Consequently, the term logic comes from the Greek word logos, which is sometimes translated as
sentence, discourse, rule and reason.
There are many definitions of logic as propounded by different logicians.
According to Copi and Cohen: "Logic is the study of methods and principles used to distinguish
correct reasoning from incorrect reasoning". Logic can also be defined as the art of sound
discourse.
Logic is the science which directs our mental operations in the discovery and proof of truth.
Logic is a science in the sense that it is organized knowledge involving principles. The various
sciences have different fields for investigation, but all of them agree in their purpose, which is the
establishment of satisfactory information, bound together and illuminated by laws
.

Law
The law is a system of rules that a society or government develops in order to deal with crime,
business agreements, and social relationships. You can also use the law to refer to the people who
work in this system.
In other words, Law, the discipline and profession concerned with the customs, practices, and
rules of conduct of a community that are recognized as binding by the community. Enforcement
of the body of rules is through a controlling authority.
Law is of vital importance to society, promoting justice and stability and affecting many people
in important aspects of their private and public life
The law is treated in a number of articles. For a description of legal training and a general
background, see legal profession, legal education, and legal ethics. Articles that delineate the
relationship of law to political structures are constitution.

Logic & Reasoning | Mid Term Assignment 2


Connection Between Logic & Law.

What is difficult to deny in the connection that exists between law and logic is the fact that every
man-made law is a product of logic. Even if the law is unpopular or could not inherently command
obedience, it will still be wrong for anyone to conclude that such a law lacks logic. This assertion
lies at the heart of my argument for the correlation between logic and law.
Despite that law is a common phenomenon in the society; different authorities have defined law
based on individual and professional perspectives. Law is not the only term faced with the problem
of definition. The term logic does not equally enjoy a univocal definition as earlier alluded to;
whereas the purpose of a definition is to establish or fix the meaning of a term. The import of this
is that there have been several efforts by scholars to produce a generally acceptable definition of
law without success. This is why Glanville Williams maintains that the meaning of the term 'law'
depends on the context
The relation between law and logic has been governed, as many of the most intense relationships
are, by both a strong attraction and persistent strife. Let us consider first the reciprocal attraction
between the two disciplines, then the reasons for their strife, and finally a way to find a possible
accommodation.

The Attraction between Law and Logic:


On the one hand, law with its rich and diverse palette of reasoning forms and with its large social
relevance has appealed to logicians as an ideal field for application and experimentation. Law
offers a large-scale effective decisional practice, in real-life contexts, frequently accompanied by
reasoned justifications. Moreover, legal reasoning represents a middle way between formal
inference and commonsense thinking: Even though legal discourse is not formal, it tends to appear
in uniform and relatively structured ways, so that its patterns can be made accessible to logical
analysis.
On the other hand, logic with its capability of providing instruments for rational thinking has
appeared to many lawyers as a necessary tool for improving legal reasoning and communication.
Since the young Leibniz proposed the transposition of the axiomatic approach to law (Leibniz
1974), by expressing the legal system in a few propositions, from which all legal conclusions could
be “geometrically” derived, many lawyers were fascinated by the analogy between the logical
deduction of a conclusion from a set of axioms, and the judicial derivation (justification) of a
decision from legally binding sources. Reducing judicial reasoning to logical deduction would
ensure certainty and testability, it would constrain the arbitrariness of human decision-making.

Logic & Reasoning | Mid Term Assignment 3


The Conflict between Law and Logic:
However, the relation between law and logic has not always been that of a peaceful cooperation.
Both partners have felt, at certain times, deep reciprocal distrust, accompanied sometimes by
indifference or open attack. It is no surprise that a lawyer may resent being described as “logical”
or “formalist,” by which the lawyer may understand “pedantic” and “non-creative,” and in the
same way a logician may resent being attributed lawyerlike captiousness and verbosity.
It has become almost platitudinous to complain that the law is sometimes too logical. Logic, it is
said, speaks less as a language than as a code, and is too rigid and inflexible to deal with the
complex and dynamic problems that constitute the law's chief concern. Thus, "The life of the law
has not been logic: it has been experiencing.' "Every lawyer must acknowledge that the law is not
always logical at all. In any contact between life and logic, it is not logic that is successful. A "page
of history is worth a volume of logic. ".. "There is a danger that, if the Court does not temper its
doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into
a suicide pact. Such assertions indicate the dislike that most lawyers quite properly feel toward
any type of legal reasoning that would drown out their voices in the clanging gears of mechanistic
determinism.

Conclusion
Yes, there is a strong connection between Logic and Law. As we discussed every man-made law
is the product of logic. The connection between logic and law is sometime a strong attraction and
sometime persistent conflict. When legal scholars or practitioners talk about the potency of legal
reasoning, they do so simply to uncover the logical criteria as to what constitutes a good or bad,
acceptable or unacceptable, legal argument. This is to say that there is no legal reasoning without
logic despite the fact that the concept of legal reasoning still remains a bone of contention among
legal scholars.

--------------------------------

The End
Thank you

Logic & Reasoning | Mid Term Assignment 4

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