All Questions
Tagged with philosophy-of-law logic
16
questions
13
votes
7
answers
10k
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Why "guilty" or "not guilty" but not "guilty" or "innocent"?
Why do some courts (like those in America) decide through the dictum "guilty"(g) or "not guilty"(~g) instead of using the term "innocent"(i) for "not guilty"(~g)...
- 388
4
votes
5
answers
2k
views
Is the Law of Excluded Middle an allowed argument in court?
Is the Law of Excluded Middle a valid deduction rule in court? If not, is it reasonable to say that all arguments in court must be "constructive in nature"?
As an example, consider this ...
- 157
22
votes
12
answers
6k
views
Could law be written in formal logic?
I essentially have two questions:
Could law be written in formal logic?
If that's indeed possible, should it be?
I see possible drawbacks being:
Difficulty to express certain concepts, I can't ...
- 321
10
votes
8
answers
5k
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Should I ever be influenced by an argument that I can't understand?
[Edit: Please read the whole question, or at least the new "N.b" paragraph, that I added just now to the end of the question, before attempting to answer it.]
I'm asking this because ...
-1
votes
2
answers
65
views
Jurisprudence and logic: Is it a necessary criterion for a claim to be declared sound that there be no evidence to the contrary as to its soundness?
So, I've been generating various arguments (such as related to the synthesis of legal arguments), and I have been doing my best to figure out how to declare that a particular claim is not sound. For ...
1
vote
0
answers
112
views
"Inference to the Best Explanation if the Best is Sufficiently Good"
The reliability of Inference to the Best Explanation (IBE) is sometimes contested because it may end up recommending the best of a bad lot, which might require a modification of IBE (e.g. contra ...
- 348
2
votes
2
answers
111
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Formal logic on rightfulness
Is there a kind of logic that could easily formulate this kind of statement: X has the right to do Y?
Or more generally: An object that has the property X (or in a set X) could also choose to have ...
- 329
0
votes
0
answers
157
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Analogy of Set and Subset and Contracts in abstracto and Marriage in concreto/in particular
I had a talk with a professor of family law and we are frequently told that there are general ordinances for contracts in general and particular ordinances for marriage.
I am problematised by the ...
- 470
2
votes
3
answers
161
views
What's wrong with the following argument regarding temporal limits?
Let us suppose there is a limit: you cannot buy something after 10:00PM. From the position of law, of course "cannot" must be taken directly. But from the position of common thinking, people are less ...
- 2,706
1
vote
5
answers
1k
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Are speeding tickets ethical?
The logic seems to be that if you drive fast, there is a (considerably) higher probability that you will end up in an accident, which could hurt others. Hence you need to be punished.
What type of ...
- 219
17
votes
6
answers
3k
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What fallacy dismisses criticism of a bad law with "just don't break it"?
Let's say someone is criticizing the government for instituting some draconian policy, and/or for persecuting people for doing something minor. And the response is:"Just don't do it and you'll be fine"...
0
votes
4
answers
656
views
How to dissect or parse an 'if' nested within another 'if'?
Source: p 153, Letters to a Law Student, 1 ed (2006), by McBride
Section 2 of the Theft Act 1968 (title: “ ‘Dishonestly’ ”) provides that:
(1) A person’s appropriation of property ...
user8572
1
vote
2
answers
268
views
What kinds of philosophy are described by these questions? How to self-learn them?
Is there a formal branch or name for the kind(s) of philosophy needed to answer questions like the following ? If so, how can I self-learn it? I stress that no legal knowledge is required.
The ...
user8572
1
vote
1
answer
417
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How to self-learn legal arguments, logic, and reasoning?
What are some readable, eloquent (without legalese) books on arguments, fallacies, logic, and reasoning, as applied and used in law? This question is aimed towards a greenhorn/tenderfoot with ...
user8572
2
votes
2
answers
93
views
Is State liable is a violent crime is committed because of the State laws?
US Supreme Court made numerous rulings that police does not have a duty to protect individuals. This effectively leaves nobody US residents to rely on for protection except themselves.
However, ...
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