The Force of Logic to Judicial Decision:on the Functions of Legal Logic
Chen Jin-zhao
Abstract
Chen Jin-zhao
Abstract
Although in the nearly hundred years of western legal science, the functions of logic have received some scholars' critiques, it must be acknowledged that the law and the logic have the inalienable relations with each other. In the legal methodology, the logical rules have so many functions to ascertain the significance of rule in legal interpreting and legal argumentation that the lawyers must earnestly treat the logic, especially the formal logic, which has the vital significance to the formation of legal thinking, the construction of rule by law, the legal education and so on.
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Although in the nearly hundred years of western legal science, the functions of logic have received some scholars' critiques, it must be acknowledged that the law and the logic have the inalienable relations with each other. In the legal methodology, the logical rules have so many functions to ascertain the significance of rule in legal interpreting and legal argumentation that the lawyers must earnestly treat the logic, especially the formal logic, which has the vital significance to the formation of legal thinking, the construction of rule by law, the legal education and so on.
Key concepts: Philosophy of logic, Argumentation theory, Law, Political science, Epistemology, Philosophy