Law lacks fixed major premises unlike math and science
Evidence
We have emphasized that, unlike in mathematics and science, there are few immutable major premises in the law. … But the genius of the common law is that these premises are not fixed in cement. In the popular idiom they are always up for grabs, up for grabs to meet changes in our social, political, philosophical and economic climate. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1309
Categorization
- XREF: Ties to Holmes’ famous ‘life of the law has not been logic’ and connects the logical framework to the living/common-law tradition a law student learns in first-year courses. — connects to: Legal reasoning yields probability rather than absolute mathematical truths — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 242; Legal inductions represent probabilities rather than absolute truths. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 550; Inductive legal generalization produces workable probabilities rather than absolute truths. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 339 (+7 more)
- DEFINE: Distinguishes deductive vs. inductive logic application in law — a core distinction for legal reasoning.
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1309
Library Connections
- Logical reasoning provides the foundation that prevents common law from becoming arbitrary fiat.
#complicates(0.55) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 122
Broader Connections
- Legal reasoning yields probability rather than absolute mathematical truths
#expands(0.75) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 242 - Legal systems rest on customary social rules rather than moral foundations
#corroborates(0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 56 - Legal inductions represent probabilities rather than absolute truths.
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 550 - Inductive legal generalization produces workable probabilities rather than absolute truths.
#expands(0.70) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 339 - The legal form of composition fallacies moves from specifics to generalities.
#expands(0.60) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1219 - Formalism is a central and distinctive feature of law
#expands(0.60) — Frederick Schauer, Thinking Like a Lawyer, 54