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The article in the issue 13:3:

The date of the publication:
2024-04-26
The number of pages:
55
The issue:
13:3
Commentaries:
0
The Authors
Fabien Schang, Jaap Hage, Jan Woleński, Matheus Gabriel Barbosa, Vadim Verenich, Andrea Reichenberger, Andrew Schumann,

Professor at the Jagiellonian University in Krakow and the University of Information Technology and Management in Rzeszow.

E-mail: wolenski@if.uj.edu.pl

ARTICLE:

Legal Reasoning and Logic

This paper investigates the basis arguments of so-called legal logic and their relation to logic in its standard meaning. There is no doubt that legal arguments belong to logic in the wide sense (sensu largo), but their reduction to schemes of formal logic (logica sensu stricto) is a controversial issue. It can be demonstrated that only some legal arguments fall under explicit rules of formal logic, that is, having a deductive character. Most such reasoning is fallible, and its correctness depends on appealing to extra-logical principles taken from legal norms. For instance, if we say, “If it is permitted more, then it is permitted less” (argumentum a maiori ad minus), we assume that the concepts expressed by the words “more” and “less” are already defined.

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