Common law adjudication cycles induction and deduction into new rules
Evidence
A rule of law (1) is viewed in combination with other rules by a process of inductive reasoning, (2) to form the major premise for a process of deductive reasoning in the next case, (3) leading to the conclusion of the deductive syllogism which forms the decision in the case, (4) which in turn takes the form of a new legal rule. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 168
Categorization
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 168
- XREF: connects to: Legal reasoning employs both deductive and inductive processes iteratively. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 312; Case by case adjudication allows unfair rules to be modified. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 119; Legal classifications and rules evolve through ongoing application to cases — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 (+19 more)
Library Connections
- Inductive legal conclusions serve as major premises in deductive legal arguments.
#expands(0.95) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 340 - Legal reasoning employs both deductive and inductive processes iteratively.
#corroborates(0.95) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 312
Broader Connections
- Legal classifications and rules evolve through ongoing application to cases
#corroborates(0.90) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 243 - Legal reasoning requires mastery of deductive and inductive logic principles.
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 71 - A legal principle emerges from a long line of decisions.
#expands(0.80) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 134 - Case by case adjudication allows unfair rules to be modified.
#expands(0.65) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 119 - Deductive legal reasoning requires identifying the controlling major premise.
#corroborates(0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751 - Legal analogy argues from particular facts to particular consequences based on similarities
#complicates(0.50) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 547 - The legal form of composition fallacies moves from specifics to generalities.
#expands(0.45) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1219 - Literal application of legal rules sometimes produces absurd against-purpose outcomes
#exemplifies(0.45) — Frederick Schauer, Thinking Like a Lawyer, 284