Reasoning is a mental process of understanding the unknown from the known by giving reasons and support for conclusions. Logic is the study of correct reasoning and involves distinguishing sound arguments from faulty ones. Legal reasoning applies legal principles to problems to reach conclusions in a logical manner.
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Logic and Reasoning Presentations
Reasoning is a mental process of understanding the unknown from the known by giving reasons and support for conclusions. Logic is the study of correct reasoning and involves distinguishing sound arguments from faulty ones. Legal reasoning applies legal principles to problems to reach conclusions in a logical manner.
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What is Reasoning
• Reasoning is a mental process in which we understand what is
unknown from what is known. -Giving Reasons for our thoughts and conclusions. • When we reason we support our claims. Reasoning is not the only way in which people support assertions they make or accept.
• when someone wants to make judgments that can be completely
relied upon, their only solid foundation will be correct reasoning. • Using the methods and techniques of logic—one can distinguish reliably between sound and faulty reasoning. What does Reasoning Meaning? • The term, “Reasoning” in its popular sense means, “the action of thinking about something in a logical, rational and sensible way”. • It is the act or process of drawing conclusions from the given facts or evidences. • In other words, reasoning is the method of forming conclusion and arriving at a judgement after looking into the given facts and evidences. What is Logic • Logic in Greek word logos means reason, word, cause. • Logic is the study of the methods and principles used to distinguish correct from incorrect reasoning. • Logic is the study of thoughts expressed in language. • Logic is science , studies the forms of arguments, concerned with the validity of the arguments. It tests the correctness of arguments. Literal Meanings of Logic The Cambridge Dictionary defines the term, “logic” in the following words “A particular way of thinking, especially one that is reasonable and is based on good judgment” .
In simple words the term “logic” means, “thinking
sensibly, rationally and reasonably.” • For instance: If I did not find my valet in my pocket, there is possibility that: • It has fallen out of my pocket; I have forgotten it at home; Someone has taken it out of my pocket; Someone has got it disappeared, therefore, neither can I see it nor can I touch it while it is still in my pocket; Technical Meanings of Logic • The term logic has technically been defined as: “the science of inferring correct or reliable conclusion from the given facts.” • Logic may also be defined as: “the organized body of knowledge, or science that evaluates arguments.” • To sum up it can be said that logic is the science of the principles and conditions of correct thinking. Types of Logic • Types of Logic : There are two types of logic • Formal Logic: Which have form, -The validity and invalidity of the argument, if the premises are true, the conclusion has to true. • Ex. All men are mortal, Socrates is a man , (conclusion)Socrates is a mortal. • Informal Logic: Which don’t Have form, -How strong and weak the argument is, if the premises are true, the conclusion might be true. • Ex. All lions I have seen were yellow, so all lions are yellow, (conclusion) The next lion will we see will be yellow. Significance of Logic in the Study of Law: • There is a close relation between logic and law. This fact is apparent from expressions we frequently hear after the trial of a case. We often hear expressions such as: • “The lawyer for the defense presented very logical arguments.” “The plaintiff's counsel presented his evidence in a logical manner.” Use of Logic by Legal Professionals: • In the practice of their profession, lawyers consistently use arguments, both verbally and in writing. • Arguments require logic to be clear and acceptable to a judge and jury. Consequently, the study of logic is essential to the study of law. Mistaken View of the Law Students about Logic: • Majority of law students are of the mistaken view that they are at the law school only for learning law. And that application of law or the art of preparing cases arguments can only be learnt when they will be assisting a lawyer at the bar. • This notion is totally mistaken and a law student has to gain the skill of applying law on the given situation besides learning the law at the law schools. That is why learning logic and legal reasoning is essential requirement for law students. What is Legal Reasoning? • Literal Meaning of “Legal Reasoning: The phrase “legal reasoning” literally means the action of thinking about something in a logical or sensible way. It is typically understood to be the practice of identifying the legal rules applicable to a particular legal issue. Applying those rules to a legal issue or problem in order to reach to a reasonable conclusion concerning legal issue or problem. Examples of Legal Reasoning: • Legal reasoning is a mental activity through which certain conclusions are drawn from certain available facts. For instance: • When smoke is seen it is inferred that there is a fire; • When there are 50 students in the class upon counting they are turn 49, it is inferred that one student is missing. • In both of above cases reasoning is used for reaching to a conclusion. Technical Meanings of Legal Reasoning: • The phrase, “Legal Reasoning” may be defined in its technical and legal sense as: • “The process through which a legal problem is solved by the application of a legal principle on a legal problem and to infer certain conclusion.” • It means that when a person uses his mental capabilities in deciding a case or arguing in such case, he is said to have applied legal reasoning. Example: • In case of a person who is accused of murdering another by shooting him with his gun. The task of the person, who has been asked to give his opinion whether an offence has been committed or not, is to search for a relevant legal principle to apply on the case. • He comes across two relevant principles, one says that the act of murdering another is an offence punishable by the penal laws. While there is another principle which says that murder is not an offence if has been committed in the exercise of one’s right of private defense.
United States v. Anthony M. Miele John Jay McElfresh Charles J. Walters Patrick T. Reinstadtler James F. Foster, Anthony M. Miele, 989 F.2d 659, 3rd Cir. (1993)
United States of America, Cross-Appellant v. Thomas Mickens, Anthony Jacobs, Shelby Kearney, Bettina Jacobs Celifie, Cross-Appellee, 926 F.2d 1323, 2d Cir. (1991)