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SYLLOGISM

This document discusses the concept of a syllogism, which is a logical argument with two premises and a conclusion. Syllogisms follow deductive reasoning and represent the strongest form of logical structure. A syllogism contains a major premise, minor premise, and conclusion. It provides an example of a syllogism with the major premise being "All men are mortal", the minor premise being "Socrates is a man", and the conclusion being "Therefore, Socrates is mortal." The document also discusses how syllogisms are used in legal arguments and the IRAC method of legal writing.

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101 views20 pages

SYLLOGISM

This document discusses the concept of a syllogism, which is a logical argument with two premises and a conclusion. Syllogisms follow deductive reasoning and represent the strongest form of logical structure. A syllogism contains a major premise, minor premise, and conclusion. It provides an example of a syllogism with the major premise being "All men are mortal", the minor premise being "Socrates is a man", and the conclusion being "Therefore, Socrates is mortal." The document also discusses how syllogisms are used in legal arguments and the IRAC method of legal writing.

Uploaded by

Mknmslknmf
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SYLLOGISM

Syllogism
• Is a kind of logical argument that applies
deductive reasoning to arrive at a conclusion
based on two or more propositions that are
asserted or assumed to be true
Importance of Syllogism
• Syllogisms represent the strongest form of
logical argument like triangles in architecture,
the syllogism is the strongest logical structure.
Three Parts of Syllogism
• A major premise (first proposition asserted or
assumed to be true);
• A minor premise (second proposition asserted
or assumed to be true); and
• A conclusion (apply the first proposition to the
second proposition).
Example
• All men are mortal. – major premise
• Socrates is a man. – minor premise
• Therefore, Socrates is mortal. – conclusion.
Take Note:
• The major premise contains a term from the
predicate of the conclusion.
• The minor premise contains a term from the
subject of the conclusion.
• The conclusion combines the major and minor
premise with a “therefore”

When all the premises are true and the


syllogism is correctly constructed, a syllogism is
an ironclad logical argument.
Legal Argument
• In legal argument, the process of syllogism is
called applying the law to the facts.
• Major premise: Statement of law
• Minor premise: Statement of fact
• Conclusion: connects the particular statement
in the minor premise with the general
statement in the major premise, and tells us
how the general rule applies to the facts.
THE IRAC METHOD
• At some point in your law school career, you
will be introduced to the I.R.A.C method. This
acronym stands for: Issue, Rule, Application,
and Conclusion.
ISSUE
• In legal writing, issues are the core of your
paper or essay. If you can't spot a single issue,
you will earn no points. To find issues, look for
anything in the facts of a case that could raise
a question, sometimes called a "question of
law": Could the defendant be charged with x
crime?
• Could he be convicted of that crime? Does he
have any defenses for his actions?
• Issue spotting is easiest when you know the
laws and court holdings.
RULE
• Rules can be found in laws, regulations, and
precedents (court holdings from similar cases,
jurisprudence)
• The application or interpretation placed by the
Court upon a law is part of the law as of the
date of the enactment of the said law since
the Court’s application or interpretation
merely establishes the contemporaneous
legislative intent that the construed law
purports to carry into effect. (Floresca vs.
Philex Mining, G.R. No. L-30642, April 30,
1985)
APPLICATION
• The application should be the simplest part of
your writing. If you know the facts, can see
the issues, and know the rules pertaining to
those issues, the application will write itself.
CONCLUSION
• The conclusion, as with all writing, is a
statement that tells your reader what the
result of your arguments is, or what it should
be.
Example Using IRAC Method
• A law was passed providing for its immediate
effectivity. Does this mean that its immediate
effectivity provision would dispense with the
publication requirement? Why?
Issue (Answer to the Issue)
• No.
Rule (Law, Rule & Jurisprudence) –
Major Premise
• According to Article 2 of the New Civil Code,
“laws shall take effect after fifteen days
following the completion of their publication
xxx unless it is otherwise provided.” In the
case of Tañada vs. Tuvera, the Supreme Court
held that the phrase “unless it is otherwise
provided” in Article 2 of the New Civil Code
refers to the date of effectivity of laws and
not to the requirement of publication.
Publication is indispensable.
Application (applying the law to
the facts) – applying the major
premise to the minor premises
• In the instant case, a law was passed providing
for its immediate effectivity. Therefore,
immediate effectivity provision of the subject
law cannot dispense with the publication
requirement.
Refer to Videos

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