CHAPTER II: LEGAL REASONING
I. THE LEGAL SYLLOGISM
Simplified form of representing a legal reasoning by means of a logic syllogism
which can be represented as it follows:
o Premise 1: IF condition THEN legal consequence
o Premise 2: Description of the facts that satisfy the conditions of a rule
o premise 3: Description of the legal consequence
II. CLASSIFICATION
The translation that needs to be done from the concrete case description (
premise 1 ) to the abstract conditions given by the legal rules is called
CLASSIFICATION
III. SOURCES OF LAW
FUNCTIONS:
o Indicates which kind of form law can take (e.g. customary law, law
based on legislation, etc.)
o Legitimates a rule as a legal rule and therefore can be used to
support claims; if a rule doesn’t come from a source of law that rule is
not a legal rule
OFFICIAL LEGAL SOURCES:
o Legislation
Creates general legal rules
Exists on different levels
Constitutions, civil codes, etc.
o Case Law
Official source of law for common law tradition countries
Ratio decidendi- Core part of a court decision which needs to
be taken in account when a new trial occurs; It can support
and should support legal decisions
I. THE LEGAL SYLLOGISM
Simplified form of representing a legal reasoning by means of a logic syllogism
which can be represented as it follows:
o Premise 1: IF condition THEN legal consequence
o Premise 2: Description of the facts that satisfy the conditions of a rule
o premise 3: Description of the legal consequence
II. CLASSIFICATION
The translation that needs to be done from the concrete case description (
premise 1 ) to the abstract conditions given by the legal rules is called
CLASSIFICATION
III. SOURCES OF LAW
FUNCTIONS:
o Indicates which kind of form law can take (e.g. customary law, law
based on legislation, etc.)
o Legitimates a rule as a legal rule and therefore can be used to
support claims; if a rule doesn’t come from a source of law that rule is
not a legal rule
OFFICIAL LEGAL SOURCES:
o Legislation
Creates general legal rules
Exists on different levels
Constitutions, civil codes, etc.
o Case Law
Official source of law for common law tradition countries
Ratio decidendi- Core part of a court decision which needs to
be taken in account when a new trial occurs; It can support
and should support legal decisions
