BUL-3310 Chapter 2: Business Law Ch 2 Notes
16 Sep 2017
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Legal reasoning - a method of critical thinking and persuading that has analytical thinking at its core but is enhanced by factors appropriate to the legal environment. Critical thinking - process where the thinker is more deliberate and contemplative as he/she engages in the thinking. Legal reasoning is a method of critical thinking. Legal reasoning provides a set of principles for argumentation that servants of law can employ within the system. Two forms of legal reasoning: deductive reasoning and analogical reasoning. Usually closely associated with reasoning from enacted laws. Dr is based largely on syllogistic reasoning (major premise, minor premise, and conclusion) A syllogism, regardless of how logical it appears, only advances legal analysis if both its premises are true and the relationship between them is solid. Analogical reasoning consists of three steps: a foundation situation from which to reason must be established, the factual similarities between the foundation situation and the situation and hand must be explored.
