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Application & Logic . Rules are consistent with social norms someone pays everything costs there will be free riders rules need interpretation (justice) denial is expected evidence can lead to truth (Western ideal) law is socially evolving. Application & Logic.
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Application & Logic • Rules are consistent with social norms • someone pays • everything costs • there will be free riders • rules need interpretation (justice) • denial is expected • evidence can lead to truth (Western ideal) • law is socially evolving
Application & Logic • Rules and social norms cont. • system must render a decision (no ties) • fact are evidence are the basis of justice • assumptions are irrelevant • evidence is weighted (2 sides tell stories) • cost follows benefit • winning is the goal • protection of individual (U.S. most individual)
Logic of Legal Argument • Argument- structure of the facts which leads to irrefutable conclusion • Argument is only true when premises are proved • Premises used to frame issue and draw conclusion • Issues can be legal, social, ethical, technical, etc.
Logic cont. • Issues requires resolution • Premise 1 (requires support) • Premise 2 (requires support • Premise p (requires support) • Irrefutable conclusion- short and clear “guilty” • Proving the premise is the key to winning the argument
Logic fallacies • Fallacies of relevance • appeal to force • appeal to pity • appeal to people • ad hominen attack • straw man • red herring
Logic fallacies cont. • Fallacies of weak induction • insufficient support (obvious) • post hoc deduction • appeal to authority • appeal to ignorance • hasty generalization • false causation • slippery slope • weak analogy
Logic fallacies cont. • Fallacies of construction • begging the question • suppressed evidence (confirmation trap) • circular reasoning • false dichotomy