Title

Overcoming flaws in the deductive legal process by mastery of syllogistic logic – Elementary!

Document Type

Journal Article

Publisher

Australasian Law Teachers Association

School

School of Business and Law

RAS ID

26033

Comments

Originally published as:

Yin, K. (2017). Overcoming flaws in the deductive legal process by mastery of syllogistic logic – Elementary! Journal of the Australasian Law Teachers Association, 10, 179-188.

Original article available here.

Abstract

Law students must show the logical connections which link the relevant legal principles and the facts of their question whenever they answer problem questions. The most suitable context to express these links is the minor premise of a syllogism, or within their ‘application’ (the ‘A’ in the I-R-A-C acronym). When law students fail to demonstrate these logical links, the outcome might be the fallacy of a non sequitur or an argument which begs the question. A fundamental understanding of syllogistic logic, and in particular the alignment of the major and minor premises of a syllogism, will arguably help to eradicate these fallacies.

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