Selecting a major premise depends on value judgments rather than strict logic

Evidence

The selection of a major premise, as we have emphasized before, is a value judgment. The advocate or the judge makes this value judgment. A choice is made. No unerring rules of logic dictate this important decision, which is the critical threshold, the prelude to the operation of the rules of logic. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 431

Categorization

  • corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 431
  • XREF: connects to: Judging requires selecting relevant facts and evaluating relative values — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 165; Logic tests the validity of propositions after value judgments drive decisions — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 95; Deductive legal reasoning requires identifying the controlling major premise. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 751 (+5 more)

Broader Connections