Legal syllogism is a legal concept concerning the law and its application, specifically a form of argument based on
deductive reasoning
Deductive reasoning is the mental process of drawing deductive inferences. An inference is deductively valid if its conclusion follows logically from its premises, i.e. if it is impossible for the premises to be true and the conclusion to be fals ...
and seeking to establish whether a specified act is lawful.
A
syllogism
A syllogism ( grc-gre, συλλογισμός, ''syllogismos'', 'conclusion, inference') is a kind of logical argument that applies deductive reasoning to arrive at a conclusion based on two propositions that are asserted or assumed to be true.
...
is a form of logical reasoning that hinges on a question, a major premise, a minor premise and a conclusion. If properly
plead
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudi ...
, every legal action seeking redress of a wrong or enforcement of a right is "a syllogism of which the major premise is the proposition of law involved, the minor premise is the proposition of fact, and the judgment the conclusion."
More broadly, many sources suggest that every good legal argument is cast in the form of a syllogism.
Fundamentally, the syllogism may be reduced to a three step process: 1. "
law finding", 2. "
fact finding", and 3."
law applying." See
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "de ...
. That protocol presupposes someone has done "
law making
Lawmaking is the process of crafting legislation. In its purest sense, it is the basis of governance.
This form of law making is also applied in India. It is a process which works in India on the basis of the Constitution of India.
Lawmaking i ...
" already.
This model is sufficiently broad so that it may be applied in many different nations and legal systems.
In legal theoretic literature, legal syllogism is controversial. It is treated as equivalent to an “
interpretational decision.”
See also
*
Syllogism
A syllogism ( grc-gre, συλλογισμός, ''syllogismos'', 'conclusion, inference') is a kind of logical argument that applies deductive reasoning to arrive at a conclusion based on two propositions that are asserted or assumed to be true.
...
*
Case-based reasoning
In artificial intelligence and philosophy, case-based reasoning (CBR), broadly construed, is the process of solving new problems based on the solutions of similar past problems.
In everyday life, an auto mechanic who fixes an engine by recalli ...
*
Deductive reasoning
Deductive reasoning is the mental process of drawing deductive inferences. An inference is deductively valid if its conclusion follows logically from its premises, i.e. if it is impossible for the premises to be true and the conclusion to be fals ...
References
{{Reflist
Reasoning
Legal interpretation