Intricacies, Fallacy and Madness of Legal Deduction

Archiv Fuer Rechts Und Sozialphilosphie 103 (4):494-503 (2017)
  Copy   BIBTEX

Abstract

This article demonstrates the fallacy of legal deduction as a method which is supposed to guarantee the certainty and predictability of the law. The Author asserts that legal deduction is in fact not of a logical nature. Their premises are of an uneven character or else one of them must be created in a non-mechanical way. This in turn makes legal deduction that is comprehended as a mode of inference that is infallible, provided its premises are true / valid nothing more than misunderstanding and fallacy. In addition, in this paper, the outcomes of legal deduction are shown to be highly dependent on the direct and indirect context under the threat of their being utterly absurd. Since the lack of fixity and clarity, these contexts, however, may lead one to madness, i. e. at least unless she or he abandons the idea that only logical types of inferences govern legal deduction and are solely responsible for its outcomes.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,435

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Fallacy, Wit, and Madness.S. Morris Engel - 1986 - Philosophy and Rhetoric 19 (4):224 - 241.
Kant's Legal Metaphor and the Nature of a Deduction.Ian Proops - 2003 - Journal of the History of Philosophy 41 (2):209-229.
The 'Strange' Case of the Infanticide Doctrine.Arlie Loughnan - 2012 - Oxford Journal of Legal Studies 32 (4):685-711.
Aristotle’s “whenever three terms”.John Corcoran - 2013 - Bulletin of Symbolic Logic 19 (3):234-235.
Philosophy and Madness. Radical Turns in the Natural Attitude to Life.Wouter Kusters - 2016 - Philosophy, Psychiatry, and Psychology 23 (2):129-146.
The One Fallacy Theory.Lawrence H. Powers - 1995 - Informal Logic 17 (2).
Clinical Anecdotes: A Logic in Madness.Aaron J. Hauptman - 2015 - Philosophy, Psychiatry, and Psychology 22 (4):303-305.

Analytics

Added to PP
2017-11-30

Downloads
11 (#1,123,374)

6 months
3 (#981,909)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references