Legal Logic PDF
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L E G A L L O G I C FRANCIS JULIUS N. EXANGE‘L‘ISTA, Ph.D. / DAVID ROBERT C. AQUINO, L|.B., CSEE ' LEGAL LOGIC °-4 Copyright Philippines 2015 ‘ . EVANGELISTA ' T C. AQUINO All Rights Reserved 5 1 3 No part of this book may be reproduced in any fashion without permission from the authors. In order to trace unauthorized reproduction, the authors have included insignificant errors throughout this material. 09‘“0 [‘13 1244’}. 4k?” ~13 7 :1. ISBN 978-971-011-900-4 PUP U r‘ :3 5? § xx:35: 0(339 Published in 2015 11; ~ 255 H - ACCESSION i-JUmSEI-I Bv Central Book Supply Inc. 927 Phoenix Building, Quezon Avenue, Quezon City FOREWORD It would be trite to stress the importance of logic in the study and practice of law. After all, as Sir Edward Coke has Written, ”reason is the life of law.” It is quite surprising then that legal reasoning has received scant attention from our legal educators and scholars. The tools of legal logic are indi3pensable for law students in analyzing cases and problems and in presenting their arguments. In taking the bar, examinees are exhorted to present their answers in a logical manner. In the practice of law and in the administration of justice, the advocate and the judge will soon realize that the persuasive power of trial and appellate arguments and of judicial decisions is rooted in their logical organization. In fine, legal logic is critical to success in law school,i n the bar examination,a nd in legal practice. The authors deserve strong commendation for their work which should be required reading for law students and professors as well as for the members of the bench and the bar. Legal education should place more emphasis on the acquisition of legal skills and competencies rather than on the rote memorization and regurgitation of legal rules.T he publication of this book is a salient step in this direction. Atty. MANUEL R. RIGUERA Member, Legal Education Board MESSAGE Those who still believe that any legal reasoning should be guided by the principles of logic will benefit from this book. With clear language, the book discusses and illustrates through actual Supreme Court decisions what makes any reasoning in law valid, invalid, or fallacious. It teaches legal reasoning skills in a style far better than that of some law schools. Prof. RENATO B. MANALOTO Lawyer and Faculty, Department of Philosophy University of the Philippines - Diliman MESSAGE Finally a textbook on legal logic that is specifically designed for Filipino law students. With its clear and organized presentation of the cbncepts and principles of legal logic and use of examples involving actual legal cases in the country,t his work will surely make the study of legal reasoning more engaging, productive,a nd enjoyable for Filipino law students. Congratulations to the authors of this textbook, Dr. Francis Julius Evangelista and Atty. David Robert Aquino,f or a job well done! What they have accomplished is an inspiration to anyone thinking of making Philippine education more relevant and meaningful for Filipino students. Dr. NAPOLEON M. MABAQUIAO, IR. Associate Professor of Philosophy De La SaZZe University — Manila TABLE OF CONTENTS FOREWORD Atty. Manuel R. Riguera Member, Legal Education Board MESSAGES Prof. Renato B. Manaloto Lawyer and Faculty, Department of Philosophy University of the Philippines - Dilimzm Dr. Napoleon M. Mabaquiao, Ir. Associate Professor of Philosophy De La Salle University - Manila INTRODUCTION Chapter 1 01 Introduction Logic and Law 01 Legal Reasoning 03 Argument as an Expression of Reasoning 03 Recognizing Arguments 05 Components of Legal Reasoning 09 Evaluating Legal Reasoning 17 Chapter 2 20 Fundamental Concepts in Legal Reasoning Burden of Proof 20 Evidence 22 Relevance and Admissibility 22 Testimony of Witnesses 23 Expert Testimony 24 Examination 24 Dependence on Precedents 26 Chapter 3 31 Deductive Reasoning in Law 31 Deduction and Induction Syllogisms 35 Types of Syllogisms 39 ‘ Categorical Syllogisms 4O Quantity of the Predicate 43 Parts Of a Categorical Syllogisms 43 Rules for Validity of Categorical Syllogisms 45 Hypothetical SyIIOgisms 49 Conditional Syllogisms 50 Rules for Conditional Syllogisms 52 Enthymemes 54 Polysyllogisms Chapter 4 58 Inductive Reasoning in Law Inductive Generalizations 60 Evaluating Inductive Generalizations 62 Analogical Arguments 67 Evaluating Analogica] Arguments 7O Chapter 5 78 Fallacies in Legal Reasoning Formal and Informal Fallacies 80 Falacies of Ambiguity 82 - Equivocation 82 Amphiboly 86 Improper Accent 87 Vicious Abstraction 89 Composition 90 Division 92 Fallacies of Irrelevance 92 Argumentum ad Hominem 92 Argumentum ad Misericordiam 100 Argumentum ad Baculum 102 Petitio Principz'i 104 Fallacies of Insufficient Evidence 110 Argumentum ad Amtiquum 110 Argwnentum ad Vericzmdiam 111 Accident 114 Hasty Generalization 118 Argumentum ad Ignornntiam 120 False Dilemma 122 Chapter 6 Rules of Legal Reasoning 125 Rules of Collision 125 Rules of Interpretation and Construction 151 Rules of Judgment 165 Rules of Procedure 184 About the Authors I nsz'deBack Cover
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