Overcoming flaws in the deductive legal process by mastery of syllogistic logic - elementary!
Journal of the Australasian Law Teachers Association
Australasian Law Teachers Association
School of Business and Law
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.