Legal Techniques and Logic Notes

LEGAL TECHNIQUES AND LOGIC
Methods in reasoning
Logical organization of the legal language
LOGIC - study of reasoning; deals with language

- limits of your language is the limit of yourself
DIFFERENT MEANINGS:
1. Intuitive result of direct observation
2. Abstractive result of your thinking / judgment
3. Contrary opposite side of the spectrum (happy sad)
4. Contradictory exact meaning of the opposite (true false)
DEFINITION ideas / concept

- It expresses what the thing is
1. Real use to identify what the thing really is; exact meaning / definite meaning
2. Stipulative a definition as a result of deliberately assigning a meaning
3. Precising makes the meaning scientific; totally eliminates biases
4. Persuasive seek to spare emotions or influence; strives to convince people
5. Theoretical express theological ; generalization about reality
Rowena B. Gallego Legal Techniques & Logic

Atty. Freedom Navidad Page | 1
Chapter 1
BASIC LOGICAL CONCEPTS
LOGIC is the study of the methods and principles used to distinguish correct reasoning from
incorrect reasoning
PROPOSITION building blocks of every argument which is something that may be asserted or
denied
- Refers to what declarative sentences are typically used to assert

- Not peculiar to any language, but may be asserted in many languages
COMPOUND PROPOSITIONS containing other propositions within themselves.
Conjunctive Propositions asserting the conjunction of two propositions is equivalent

to asserting each of the component propositions themselves; both propositions asserted
are equivalent
- The British were at the gates of Hamburg and Bremen conjunction of two
propositions namely: The British were at the gates of Hamburg and The British
were at the gates of Bremen
Alternative or Disjunctive Propositions one proposition is true, the other is false
- Only compound either-or disjunctive proposition is asserted

- Circuit Courts are useful, or they are not useful.
Hypothetical or Conditional only the if-then proposition is asserted by the

hypothetical or conditional statement, and the conditional statement might be true even
though both of its components were false.
- If God did not exist, it would be necessary to invent him.
INFERENCE refers to the process by which one proposition is arrived at and affirmed on the
basis of one or more other proposition accepted as the starting point of the process.
To determine whether an inference is correct, the logician will examine the propositions
with which that process begins and ends; and the relations between them. This cluster of
propositions constitutes an argument, and therefore, there is an argument corresponding
to every possible inference.
ARGUMENT any group of propositions of which one is claimed to follow from the others,
which are regarded as providing support or grounds for the truth of that one.
An argument is not a mere collection of propositions; a passage may contain several

related propositions and yet contain no argument at all.
For an argument to be present, the cluster of propositions must have a structure (by
using premiss and conclusion

CONCLUSION is the proposition that is affirmed on the basis of the other propositions of the
argument, and these other propositions, which are affirmed as providing support or reasons for
accepting the conclusion, are the PREMISSES of that argument.
No one was present when life first appeared on earth. Therefore any statement about
lifes origins should be considered as theory, not fact.
- Premiss no one was present

- Conclusion therefore any statement
TECHNIQUES IN ANALYZING ARGUMENTS
1. PARAPHRASE setting forth its propositions in clear language and logical order
Often assists our understanding of it because in doing so, we must bring to the
surface what is assumed in the argument but is not fully or explicitly stated
Archimedes will be remembered when Aeschylus is forgotten, because

languages die and mathematical ideas do not.
- To paraphrase:
1. Languages die.
2. The great plays of Aeschylus are in a language.
3. So the work of Aeschylus will eventually die.
4. Mathematical ideas do not die.
5. The great work of Archimedes was with mathematical ideas.
6. So the work of Archimedes will not die.
Therefore Archimedes will be remembered when Aeschylus is forgotten.
2. DIAGRAMMING exhibiting its structure using spatial relations in two dimensions.
Avoids the need to restate the premisses

Because (1) the greatest mitochondrial variations occurred in African people, scientists
concluded that (2) they had the longest evolutionary history, indicating (3) a probable
African origin for modern humans.
To paraphrase:
1. The more mitochondrial variation in a people the longer its evolutionary
history;
2. The greatest mitochondrial variations occurred in African people.
Therefore African people have had the longest evolutionary history.
To diagram

Conclusion-indicators:
Therefore for these reasons shows that

Hence it follows that entails that
Thus we may infer demonstrates that
So I conclude that ergo
Accordingly which shows that then
In consequence which means that
Consequently which entails that
Proves that which implies that
As a result which allow us to infer that
For this reason which points to the conclusion that
Premiss-indicators:
Since as indicated by can be shown by

Because the reason is that is implied by
For for the reason that due to
As may be inferred from assuming that
Follows from may be derived from is proved by
As shown by may be deduced from can be concluded from
inasmuch as in view of the fact that
RHETORICAL a question may suggest or assume a premiss when the question is one whose
answer the author believes to be obvious or inescapable.
Arguments in which one of the premises is a question whose answer is assumed to be

evident are very common

If there is no one who desires to be miserable, there is no one, Meno, who desires evil;
for what is misery but the desire and possession of evil?
The conclusions of arguments that depend on rhetorical questions are suspect. To avoid
responsibility for the forthright assertion of their premises, authors sometimes ask a
question whose answer is supposed to be obvious when that assumed answer actually
is dubious or even false.
UNSTATED PROPOSITIONS when one or more of its constituent propositions is not stated
but is assumed to be understood; assumed; presumed
If the Miranda decision is reversed, police will no longer be compelled to give those
warnings [of the right to remain silent, etc.]; and if they arent compelled to give them,
they wont give them. But because police interrogations take place out of public view, the
integrity of such interrogations can be safeguarded only if those Miranda warnings are
invariably given.
- The conclusion of their argument that those warnings must always be given and
that the Supreme Court should not reverse the Miranda decision did not need to
be stated in that context.
Americans dont like Asians; so Americans dont like me.
- The unstated proposition - I am an Asian did not need to be stated in that

context.
ENTHYMEMES arguments in everyday discourse often rely on some proposition that is not
stated.
Sometimes it may not be obvious just how one would formulate the proposition on which
the speaker relies, even though, once formulated, it is readily accepted.
If one doesnt believe that moral arguments make any difference, then one doesnt
believe in republican government.
- In this enthymeme, the unstated premise is the claim that believing in republican
government entails that one does believe that moral arguments make a difference
a claim that most of us would grant.
On the other hand, the unstated proposition on which an enthymeme relies may not be
obvious, but disputable and the absence of an explicit statement of that proposition
may serve to shield it from attack
This research [involving the use of embryonic stem cells] is illegal, for this reason: The
deliberate killing of a human embryo is an essential component of the contemplated
research.
- The stated premiss is true; if the embryo were not destroyed, research of that kind
would be impossible. But the conclusion that such research is illegal depends on
the unstated premiss that the killing of a human embryo is illegal a claim that is
very much in dispute.
TWO MAJOR CLASSES OF ARGUMENTS
1. DEDUCTIVE makes the claim that its conclusion is supported by its premises
conclusively
If a claim for conclusiveness is being made
If the premises provides conclusive grounds for the conclusion
A deductive argument is valid when, if its premisses are true, its conclusion must
be true
Is one whose conclusion is claimed to follow from its premisses with absolute
necessity, this necessity not being a matter of degree and not depending in any
way on whatever else may be the case.
Valid if the claim that its premisses provide irrefutable grounds for the truth of
its conclusion, if it is a correct argument; conclusiveness of the relationship of
premiss and conclusion
Invalid if it is not correct, or that if the premisses when true fail to establish the
conclusion irrefutably; there are other basis for the conclusion
Validity applicable only to deductive arguments
- refers to relation between propositions between he set of propositions

that serve as the premisses of a deductive argument, and the one
proposition that serves as the conclusion of that argument
Examples:
If all humans are mortal and Socrates is human, we may conclude that
Socrates is mortal.
All traditional politicians are power brokers and some local executives are
traditional politicians. Then it follows that some local executives are power
brokers.
2. INDUCTIVE do not claim that their premises, even if true, support their conclusions
with certainty.
Such claim is not being made
The premisses merely supports the conclusion; based on supportive grounds
Is one whose conclusion is claimed to follow from its premisses only with
probability, this probably being a matter of degree and dependent upon what else
may be the case
The premises merely supports the conclusion (based on supportive ground)

Example:
Most corporation lawyers are conservatives.

Angela Palmieri is a corporation lawyer.
Therefore Angela Palmieri is probably a conservative.
TRUTH is the attribute of a proposition that asserts what really is the case
TRUTH AND FALSITY are attributes of individual propositions or statements
VALIDITY AND INVALIDITY are attributes of arguments
ILLUSTRATIONS OF ARGUMENTS:

Chapter 4
FALLACIES
FALLACY is a type of argument that may seem to be correct, but proves on examination not
to be so; in a very general sense, it is any error in reasoning
GROUPS OF FALLACIES
1. FALLACIES OF RELEVANCE when an argument relies on premisses that are not relevant
to its conclusion, and that therefore cannot possibly establish its truth; the premises of the
argument are simply not relevant to the conclusion.
1.1 Appeal to Emotion / to the Populace (Ad Populum) is fallacious because it

replaces the laborious task of presenting evidence and rational argument with
expressive language and other devices calculated to excite enthusiasm, excitement,
anger, or hate.
When careful reasoning is replaced with devices calculated to elicit enthusiasm

and emotional support for the conclusion advanced.
Everyone is selfish; everyone is doing what he believes will make himself

happier. The recognition of that can take most of the sting out of accusations that
you're being "selfish." Why should you feel guilty for seeking your own happiness
when that's what everyone else is doing, too?
Band-Wagon Fallacy from the known phenomenon that, in an exciting

campaign, many will be anxious to jump on the bandwagon to do what others
do because so many others are doing it.
Why are so many people attracted to the Pontiac Grand Prix? It could be
that so many people are attracted to the Grand Prix because so many
people are attracted to the Grand Prix! (bandwagon fallacy)
Appeal to Pity (Argument ad misericordiam literally means merciful heart)

generosity and mercy of the audience are the special emotions appealed to.
When careful reasoning is replaced with devices calculated to elicit sympathy

on the part of the hearer for the objects of the speakers concern.
I, who am probably in danger of my life, will do none of these things. The

contrast may occur to [each jurors] mind, and he may be set against me, and
vote in anger because he is displeased at me on this account. Now if there be
such a person among you mind, I do not say that there is to him I may
fairly reply: My friend, I am a man, and like other men, a creature of flesh and
blood, and not of wood or stone as Homer says; and I have a family, yes,
and sons, O Athenians, three in number, one almost a man, and the two
others who are still young; and yet I will not bring any of them here to petition
you for acquittal.

1.2 The Red Herring an informal fallacy committed when some distraction is used to
mislead and confuse; deliberately misleading trail
One legislator, apparently speaking to protect his corporate donors, entered the
debate with the irrelevant point that there is a serious need for the provision of
better advice to retired persons on the investment of their pensions. No doubt
there is. But one commentator absolutely observed, What does this have to do
with employers squandering their workers retirement?
At Duke University in 2006, three student athletes were indicted for rape; the
indictments were plainly unfounded and soon withdrawn. When the prosecutor
was charged with misconduct in office, feelings at the university grew intense.
One member of the Duke faculty, writing in the local newspaper, defended the
prosecutor and some other faculty members who had supported him. In the
course of this defense, she argued that the real social disaster in the Duke rape
case was that 18 percent of the American population lives below the poverty
line and that we do not have national health care or affordable childcare.
1.3 The Straw Man may view this fallacy as a variety of the red herring, because it also
introduces a distraction from the real dispute. In this case, however, the distraction is
of particular kind: it is an effort to shift the conflict from its original complexity into
different conflict, between parties other than those originally in dispute.
In general, straw man often take the form of supposing that the position under
attack adopts the most extreme view possible that every act or policy of a
certain kind is to be rejected. Its premises are not relevant to the conclusion that
was originally proposed.
Often presents a genuine objection or criticism, and the objection may be sound,
but it is aimed at a new and irrelevant target.
Every fallacious argument presents some risk of this kind; the fallacy of the straw
man invites it with special force.
You say that the New Testament teaches that we are not under law, and that we
are saved by grace through faith alone. Therefore, what you teach is that we can
sin all we want after we are saved.
1.4 Argument Ad Hominem (Argument Against the Person) a fallacious attack in

which the thrust is directed, not at a conclusion, but at the person who asserts or
defends it.
Ad Hominem arguments are fallacious (and often unfair to the adversary) because an
attack against some person is generally not relevant to the objective merits of the
argument that person has put forward.
Abusive participants in strenuous argument sometimes disparage the character

of their opponents, deny their intelligence or reasonableness, question their
integrity, and so on.

- Who cares what you think about movies? You're just an ignorant American
who doesn't know anything about real culture.
- One dishonest and unworthy tactic used by several of my detractors is to

attribute to me complaints I never made and then to dismiss the
complaints as irresponsible and evidence of my reckless unfairness.
Circumstantial it is the irrelevance of the connection between the belief held

and the circumstances of those holding it that gives rise to the mistake. The
circumstances of one who makes (or rejects) some claim have no bearing on the
truth of that claim
- Hunters, accused of the needless slaughter of unoffending animals,

sometimes reply by noting that their critics eat the flesh of harmless cattle.
1.5 Appeal to Force (Argument Ad Baculum) literally means appeal to the stick; when
careful reasoning is replaced with direct or insinuated threats in order to bring about
the acceptance of some conclusion; abandonment of reason.
What is put forward may be a veiled threat, or a proposition that suggest some
danger if the proposition in question is not given full assent.
The President continues to have confidence in the Attorney General and I

have confidence in the Attorney General and you ought to have confidence in
the Attorney General, because we work for the President and because thats
the way things are. And if anyone has a different view of that, or any different
motive, ambition, or intention, he can tell me about it because were going to
have to discuss your status.
1.6 Missing the Point (Ignoratio Elenchi) when the premisses miss the point,
purporting to support one conclusion while in fact supporting or establishing another
It arises when the argument goes awry when, on close examination, there is a
disconnect between the premises and the conclusion.
Deliberate deception
Product of sloppy thinking, a confusion in reasoning that the author of the

argument herself does not fully recognize, or grasp.
A mistake that is made in seeking to refute anothers argument.
One person emphasizes how important it is to increase funding for the public
schools. His opponent responds by insisting that a childs education involves
much more than schooling and gets underway long before her formal
schooling begins.
- That assertion is entirely reasonable, of course, but it misses the point of

what was said earlier. One party presents an argument for P, to alleviate
the need for funds; his interlocutor counters with an irrelevant Q, about
the importance of preschool education.
Non sequitur (does not follow) an argument in which the conclusion simply
does not follow from the premises; most commonly applied when the failure of
the argument is obvious, when the gap between the premises and the conclusion
is painfully wide.
The prisoner pleaded guilty. He then said he had made a mistake, and the
judge allowed him to change his plea to not guilty. The case was tried. The
jury acquitted. Prisoner, said Mr. Justice Hawkins, a few minutes ago you
said you were a thief. Now the jury say you are a liar. Consequently, you are
discharged.
2. FALLACIES OF DEFECTIVE INDUCTION the premises may be relevant to the conclusion,

but they are far too weak to support the conclusion and wholly inadequate; what are asserted
as premises simply do not serve as good reasons to reach the conclusion drawn.
2.1 Appeal to Ignorance (Ad Ignorantiam) - The mistake that is committed when it is
argued that a proposition is true simply on the basis that it has not been proved false,
or that it is false because it has not been proved true.
Appeal to ignorance succeeds only when innocence must be assumed in the absence
of proof to the contrary; in other contexts, such an appeal is indeed an argument ad
ignoratiam.
No there isnt. There really isnt, but there is no evidence to the contrary, either.
The moon is not a perfect sphere, he replied, because there are surely crystal
mountains invisible! rising high from its surface. Because my theological
critics cannot prove the claim false, we cannot conclude that such mountains are
not there!
2.2 Appeal to Inappropriate Authority (Ad Verecundiam) when the premises of an

argument appeal to the judgment of some person or persons who have no legitimate
claim to authority in the matter at hand.
Our mistake becomes one of reasoning (a fallacy) when our conclusion is based on
the verdict of an authority who has no rational claim to expertise in that matter.
Advertising testimonials we are urged to drink a beverage of a certain brand

because some movie star or football coach expresses enthusiasm about it.
2.3 False Cause when one treats as the cause of a thing what is not really the cause of
that thing, often relying (as in the subtype post hoc ergo propter hoc) merely on the
close temporal succession of two events.
When mistakenly presume that one event is caused by another because it

follows that other closely in time. (fallacy of post hoc ergo propter hoc)
The sun would invariably reappear after an eclipse if the drums had been
beaten in the darkness.

Committed when one mistakenly argues against some proposal on the ground
that any change in a given direction is sure to lead to further changes in the
same direction and thus to grave consequences (fallacy of slippery slope)
One common objection to the legalization of assisted suicide is that once

formal permission has been given to medical doctors to act in a way that is
of disputable morality, doctors will be led to engage in more and greater
immorality of the same or similar type.
The slippery slope is indeed a fallacy but the mere allegation that the fallacy
has been committed does not prove the argument in question faulty.
2.4 Hasty Generalization (converse accident) when one moves carelessly or too
quickly from one or a very few instances to a broad or universal claim.
Committed when we draw conclusions about all the persons or things in a given class
on the basis of our knowledge about only one of the members of that class.
Take my son, Martyn. Hes been eating fish and chips his whole life, and he
just had a cholesterol test, and his level is below the national average. What
better proof could there be than a fryers son?
3. FALLACIES OF PRESUMPTION the mistaken arguments arise from reliance upon some
proposition that is assumed to be true, but is in fact false, or dubious, or without warrant;
arguments that depend on unwarranted leaps
3.1 Accident when one applies a generalization to an individual case that it does not
properly govern
It arises when we move carelessly or unjustifiably from a generalization to some

particulars that it does not in fact cover.
Birds can fly.

Tweety the Penguin is a bird.
Therefore, Tweety can fly.
3.2 Complex Question when a question is asked in such a way as to presuppose the
truth of some assumption buried in that question.
"Have you stopped beating your wife?" presupposes that you have beaten your
wife prior to its asking, as well as that you have a wife. If you are unmarried, or
have never beaten your wife, then the question is loaded.
Does the distinguish senator believe that the American public is really so nave
that they will endorse just any stopgap measure? it conceals several
unchallenged assumptions: that what is proposed is a stopgap measure, that
is inadequate, and that the American public would reject it.

3.3 Begging the Question (Petitio Principii) when one assumes in the premises of an
argument the truth of what one seeks to establish in the conclusion of that argument;
the conclusion of an argument is stated or assumed in one of the premises.
The arguments are circular every petitio is a circular argument but the circle that
has been constructed may be large and confusing, and thus the logical mistake goes
unseen.
To beg the question is not to raise the issue, but to assume the truth of the
conclusion sought.
Circular arguments are certainly fallacious, but the premises are not irrelevant to the
conclusions drawn. They are relevant; indeed, they prove the conclusion, but they do
so trivially they end where they began. A petition principia is always technically valid,
but always worthless.
To cast abortion as a solely private moral question,is to lose touch with

common sense: How human beings treat one another is practically the
definition of a public moral matter. Of course, there are many private aspects of
human relations, but the question whether one human being should be allowed
fatally to harm another is not one of them. Abortion is an inescapably public
matter.
There is no such thing as knowledge which cannot be carried into practice, for
such knowledge is really no knowledge at all.
4. FALLACIES OF AMBIGUITY (sometimes sophisms) the mistaken arguments are

formulated in such a way as to rely on shifts in the meaning of words or phrases, from their
use in the premises to their use in the conclusion; a term may have one sense in a premise
but quite a different sense in the conclusion.
4.1 Equivocation when the same word or phrase is used with two or more meanings,
deliberately or accidentally, in the formulation of an argument; misuse of relative terms,
which have different meanings in different contexts.
All banks are beside rivers.

Therefore, the financial institution where I deposit my money is beside a
river.
In this argument, there are two unrelated meanings of the word "bank":
A riverside: In this sense, the premiss is true but the argument is invalid,
so it's unsound.
A type of financial institution: On this meaning, the argument is valid, but

the premise is false, thus the argument is again unsound.
Someone is a good scholar and is therefore likely to be a good teacher.

4.2 Amphiboly - when one of the statements in an argument has more than one plausible
meaning, because of the loose or awkward way in which the words in that statement
have been combined. (arrangement of words)
The fallacy of amphiboly occurs when one is arguing from premises whose
formulations are ambiguous because of their grammatical construction.
The anthropologists went to a remote area and took photographs of some

native women, but they weren't developed. - they is ambiguous between the
photographs and the native women, though presumably it was intended to refer
to the former.
4.3 Accent when a shift of meaning arises within an argument as a consequence of

changes in the emphasis given to its words or parts. (manner of delivering the words)
The various arguments that emerge are plainly the outcome of the deliberate
manipulation of emphasis; the sentence can be used to achieve assorted fallacious
ambiguities.
The fallacy of accent may be construed broadly to include the distortion produced by
pulling a quoted passage out of its context, putting it in another context, and there
drawing a conclusion that could never have been drawn in the original context.
Physical manipulation of print or pictures is commonly used to mislead deliberately

through accent.
I resent that letter. This sentence could mean either that one sent the letter
again, or that one has a feeling of resentment towards it
4.4 Composition this fallacy is committed:
a. When one reasons mistakenly from the attributes of the parts of a whole to
the attributes of the whole itself.
Every part of a certain machine is light in weight, the machine as a

whole is light in weight.
Each scene of a certain play is a model of artistic perfection, the play

as a whole is artistically perfect.
Every ship is ready for battle, the whole fleet must be ready for battle.
b. When one reasons mistakenly from the attributes of the individual elements
or members of a collection to attributes of the collection or totality of those
elements. invalid inference that what may truly be predicated of a term
distributively may also be truly predicated of the term collectively.

A bus uses more gasoline than an automobile, all buses use more
gasoline than all automobiles.
The atomic bombs dropped during World War II did more damages
than did the ordinary bombs dropped but only distributively.
Should we not assume that just as the eye, hand, the foot, and in
general each part of the body clearly has its own proper function, so
man too has some function over and above the function of his parts?
4.5 Division simply the reverse of the fallacy of composition. This fallacy is committed:
a. When one argues fallaciously that what is true of a whole must also be true of
its parts.
A certain corporation is very important and Mr. Doe is an official of

that corporation, therefore, Mr. Doe is very important.
b. When one argues from the attributes of a collection of elements to the

attributes of the elements themselves.
Because university students study medicine, law, engineering,

dentistry, and architecture, therefore, each, or even any, university
student studies medicine, law, engineering, dentistry, and
architecture.
The universe has existed for fifteen billion years.

The universe is made out of molecules.
Therefore, each of the molecules in the universe has existed for
fifteen billion years.

Chapter 3
LANGUAGE and DEFINITIONS
MAJOR FUNCTIONS OF LANGUAGE
1. Informative (or logical) without the intention to inform, we may express ourselves
using language.
Thats really great!
Match me such marvel, save in Eastern clime

A rose-red city half as old as time.
We distinguish between facts a sentence formulates and facts about the speaker who
formulates them.
War is always the wrong solution to international conflict. - evidence of beliefs

of the person who utters that remark.
I strongly oppose our involvement in this war on moral grounds. statement

about the speaker, but it also serves to express judgment about the morality of
the war under discussion.
Some expressive discourse also has informative content, and may express attitudes
as well as beliefs.
Grow old along with me!

The best is yet to be,
The last of life for which the first was made.
2. Directive with or without expressive or informative elements. It seeks to guide or to

command.
Step on the scale, please.

Drive defensively. The cemetery is full of law-abiding citizens who had the right
of way.
3. Emotive may be used to advance our purposes in directing others; expressing an

attitude, seeking to direct behavior, and probably reporting a fact.
That conduct is utterly disgusting!
LESS COMMON TYPES OF USE:
4. Ceremonial words may combine expressive and other functions; proforma / template
How do you do?

5. Performative words themselves serve, when spoken or written, to perform the
function they announce.
I apologize for my foolish remark

I congratulate you
I accept your offer
I promise you that
FORMS OF LANGUAGE
1. Declarative when we are reasoning (We will discuss.)

2. Exclamatory when we are expressing emotion (Thats fantastic!)
3. Imperative when we are seeking to direct conduct; command (Take off your pants!)
4. Interrogative attitudes may also be expressed (What can you possibly mean by
that?)
DEFINITION are definitions of symbols (not of objects), because only symbols have the
meanings that definition may explain; it expresses what the thing is; states the meaning of a
term
Definiendum the symbol being defined
Definiens symbol or group of symbols used to explain the meaning of the definiendum
Definiendum is the term to be defined, while definiens is the definition of it.
KINDS OF DEFINITION
1. Stipulative a definition that has a meaning that is deliberately assigned to some

symbol; sometimes called nominal; a meaning is assigned to a term (and hence which
cannot be true or false)
- May simply be convenient, one word may stand for many words in a message
- May protect secrecy, if the sender and the receiver are the only persons who
understand the stipulation
- May advance economy of expression
- In science, to mean what has been meant by a long sequence of familiar word,
thus saving time and increasing clarity
- a definition as a result of deliberately assigning a meaning
- It is used to assign a new meaning to a term, whether or not the term has already
got a meaning
A stipulative definition is a proposal (or a resolution or a request or an instruction) to

use definiendum to mean what is meant by the definiens. Such definition is therefore
directive rather than informative.
OMG oh my gosh
murder the premeditated killing of a human being

2. Lexical or Real which report the meaning that the term already has (and hence can
be true or false). That report may be correct, or incorrect and therefore it is clear that a
lexical definition may be either true or false.
When the purpose of the definition is to explain that use, or to eliminate ambiguity, the
definition is lexical.
bird means any warm-blooded vertebrate with feathers is true

alienate to convey or transfer
Real definition to indicate that the definiendum really does have the meaning
identified.
In essence, it may be true or false, in the sense that they may be true to actual usage, or
may fail to be true to it.
3. Precising which aim to eliminate vagueness or ambiguity
Ambiguous when it has more than one distinct meaning and the context does not
make clear which meaning is intended.
Vague when there are borderline cases to which the term might or might not apply.
Borderline cases can be resolved only by going beyond the report of normal usage with
the definition given.
It differs from stipulative definitions in that its definiendum is not a new term, but one
whose usage is known, although unhappily vague. In constructing a prcising definition,
therefore, we are not free to assign to the definiendum any meaning we please.
Obligation under the Civil Code, is the juridical necessity to give, to do or not
to do.
Marriage - is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and
family life.
4. Theoretical aim is to encapsulate our understanding of some intellectual sphere;

products of our comprehensive understanding in some sphere.
evolution of man man came from apes

overweight - having a body mass index over 27 for women and 28 for men
5. Persuasive aims to influence conduct; a definition put forward to resolve a dispute by

influencing attitudes or stirring emotions
fetus unborn person

abortion murder of a fetus

Kinds of Definition
Type Definition Example
Stipulative A definition in which a new OMG oh my gosh

symbol is introduced to
which some meaning is murder is the
arbitrarily assigned. As premeditated killing of a
opposed to a lexical human being
definition, a stipulative
definition cannot be correct
or incorrect.
It is used to assign a new

meaning to a term, whether
or not the term has already
got a meaning
Lexical A definition which report the bird means any warm-

meaning that the term blooded vertebrate with
already has feathers
Dictionary meaning alienate to convey or

transfer
Precising A definition devised to Obligation under the

eliminate vagueness by Civil Code, is the juridical
delineating a concept more necessity to give, to do or
sharply. not to do.
Marriage - is a special
contract of permanent
union between a man and
a woman entered into in
accordance with law for
the establishment of
conjugal and family life.
Theoretical A definition of a term that evolution of man man

attempts to formulate a came from apes
theoretically adequate or
scientifically useful overweight - having
description of the objects to a body mass index over
which the term applies. 27 for women and 28 for
men
Persuasive A definition formulated and fetus unborn person

used to resolve a dispute
by influencing attitudes or abortion murder of a
stirring emotions, often fetus
relying upon the use of
emotive language.

Chapter 5
CATEGORICAL PROPOSITIONS
Classical logic deals mainly with arguments based on the relations of classes of objects to one
another. By a class, we mean a collection of all objects that have some specified characteristic in
common. Everyone can see immediately that two classes can be related in at least the following three
ways:
1. All of one class may be included in all of another class. Thus, the class of all dogs is wholly
included (or wholly contained) in the class of all mammals.
2. Some, but not all, of the members of one class may be included in another class. Thus, the
class of all athletes is partially included (or partially contained) in the class of all females.
3. Two classes may have no members in common. Thus, the class of all triangles and the class
of all circles may be said to exclude one another.
Categorical Proposition- is a part of deductive reasoning that contains two categorical terms,
the subject and the predicate, and affirms or denies the latter of the former.
The propositions with which such arguments are formulated
The subject and the predicate are called the terms of the proposition. The subject is what the proposition
is about, while the predicate is what the proposition affirms or denies about the subject.
Four Kinds of Standard-Form Categorical Propositions

1. Universal affirmative propositions (A propositions) the whole of one class is included or
contained in another class
Such a proposition affirms that the relation of class inclusion holds between two classes
and says that the inclusion is complete, or universal.
All S is P All politicians are liars. S P
2. Universal negative propositions (E propositions) it asserts that the subject class, S, is

wholly excluded from the predicate class P
This kind of proposition denies the relation of inclusion between the two terms, and denies it
universally.
No S is P No politicians are liars. S P
3. Particular affirmative propositions (I propositions) this proposition does not affirm or deny
anything about that entire class

The proposition affirms that the relation of class inclusion holds, but does not affirm it of the
first class universally but only partially, that is, it is affirmed of some particular member, or
members, of the first class.
Some S is P Some politicians are liars. S P
4. Particular negative propositions (O propositions) it does not affirm the inclusion of some
member or members of the first class in the second class, this is precisely what is denied.
The denial is not universal
Some S is not P. Some politicians are not liars.
S P
Categorical propositions can be categorized into four types on the basis of their quality, quantity, and
distribution. These four types are A, E, I and O. This is based on the Latin word affirmo (I affirm),
referring to affirmative propositions A and I, and nego (I deny), referring to the negative propositions E
and O.
Quality refers to whether the proposition affirms or denies the inclusion of a subject within the class
of the predicate. The two qualities are affirmative and negative.
Quantity refers to the amount of members of the subject class that are used in the proposition. If
the proposition refers to all members of the subject class, it is universal. If the proposition does not
employ all members of the subject class, it is particular.
Distribution refers to whether all or some members of a class are affected by a proposition. Both
subjects and predicates have distribution. If all members of a class are affected by a proposition, that
class is distributed, otherwise, it is undistributed.
Subject term distributed
predicate A: All S is P E: No S is P predicate

term term
undistributed distributed
I: Some S is P. O: Some S is not P.
Subject term undistributed

Illustration:
Distribution
Name Statement Quantity Quality
Subject Predicate
A All S is P universal affirmative distributed undistributed
E No S is P universal negative distributed distributed
I Some S is P particular affirmative undistributed undistributed
O Some S is not P particular negative undistributed distributed
Traditional Square of Opposition
A. Contradictories two propositions are contradictories if one is the denial or negation of the
other; that is, if they cannot both be true and cannot both be false. A and O are contradictories, as
are E and I.
A and O propositions All judges are lawyers.

Some judges are not lawyers.
E and I propositions No politicians are idealists.

Some politicians are idealists.
B. Contraries two propositions are said to be contraries if they cannot both be true; that is, if the
truth of one entails the falsity of the other. The traditional account held that universal propositions
having the same subject and predicate terms, but differing in quality, were contraries. A and E
propositions can be regarded as contraries.
Texas will win the coming game with Oklahoma.

Oklahoma will win the coming game with Texas.
*If either of these propositions is true, then the other must be false.
All poets are idlers. and No poets are idlers.
cannot be both true but can be both false ( True; = False)
Same subject and predicate, both universal, differs in quality
C. Subcontraries two propositions are said to be subcontraries if they cannot both be false,
although they both may be true. The traditional account held that particular propositions having the
same subject and predicate terms differing in quality were subcontraries. I and O propositions can
be regarded as subcontraries.
Some diamonds are precious stones.

Some diamonds are not precious stones.

Cannot be both false but both can be true ( False, = True)
Same subject and predicate, both particular, differs in quality
D. Subalternation whenever two propositions have the same subject and the same predicate
terms and agree in quality (both are affirmative or both are negative) but differ only in quantity, they
are called corresponding propositions. A proposition has a corresponding I proposition, and the E
proposition has a corresponding O proposition.
All spiders are eight-legged animals. (A)

Some spiders are eight-legged. (I)
No whales are fishes. (E)

Some whales are not fishes. (O)
Same subject, predicate and quality, differs in quantity
The opposition between a universal proposition and its corresponding particular is known as
subalternation. In any pair of corresponding propositions, the universal proposition is called the
superaltern, and the particular proposition is called the subaltern.
All birds have feathers. (superaltern)

Some birds have feathers. (subaltern)
No whales are fishes. (superaltern)

Some whales are not fishes. (subaltern)
Square of Opposition
(All S is P.) A contraries E (No. S is P.)

superaltern superaltern
subalternation
subalternation
contradictories
subaltern subaltern
(Some S is P.) I subcontraries O (Some S is not P)

A E I O
1. TFTF A being given as true - false true false

2. FTFT E being given as true false - false true
3. UFTU I being given as true undetermined false - undetermined
4. FUUT O being given as true false undetermined undetermined -
5. FUUT A being given as false - undetermined undetermined true
6. UFTU E being given as false undetermined - true undetermined
7. FTFT I being given as false false true - true
8. TFTF O being given as false true false true -
Immediate Inferences
A. Conversion interchanging the subject and predicate terms of the propositions
One standard-form categorical proposition is said to be the CONVERSE of another when it is

formed by simply interchanging the subject and the predicated terms of that other proposition.
No idealists are politicians. is the converse of No politicians are idealists.
CONVERTEND is used to refer to the premiss of an immediate inference by conversion, and the
conclusion of that inference is called the CONVERSE.
B. Obversion the subject term remains unchanged, and so does the quantity of the proposition
being obverted. To obvert a proposition, we change its quality and replace the predicate term by its
complement.
CLASS is the collection of all objects having a certain common attribute that we refer to as the
class-defining characteristic.
COMPLEMENT a collection of all things that do not belong the original class. The complement
of the class designated by the term S is then designated by the term non-S, and we may speak
of the term non-S being the complement of the term S. (winner nonwinner)
All residents are voters. A proposition, has as its obverse the

No residents are nonvoters. E proposition
No umpires are partisans. E proposition, has its obverse the logically equivalent
All umpires are nonpartisans. A proposition
Some metals are conductors. I proposition

Some metals are not nonconductors. O proposition (obverse)
Some nations were not belligerents. O proposition

Some nations were nonbelligerents. I proposition (obverse)
The term OBVERTEND is used to refer to the premiss of an immediate inference by obversion,
and the conclusion is called OBVERSE.

C. Contraposition to form the contrapositive of a given proposition, we replace its subject
term by the complement of its predicate term and replace its predicate term by the complement of its
subject term.
All members are voters. is the contrapositive of All nonvoters are nonmembers.
Some students are not idealists. is somewhat cumbersome of

Some nonidealists are not nonstudents.
IMMEDIATE INFERENCES:
CONVERSION, OBVERSION, CONTRAPOSITION
VALID CONVERSION
CONVERTEND CONVERSE
A: All S is P I: Some P is S (by limitation)

E: No S is P E: No. P is S.
I: Some S is P. I: Some P is S.
O: Some S is not P (conversion not valid)
OBVERSION
OBVERTEND OBVERSE
A: All S is P E: No S is non-P.
E: No S is P A: All S is non-P.
I: Some S is P. O: Some S is not non-P.
O: Some S is not P I: Some S is non-P.
CONTRAPOSITION
PREMISS CONTRAPOSITIVE
A: All S is P A: All non-P is non-S.

E: No S is P O: Some non-P is not non-S (by lim.)
I: Some S is P. (contraposition not valid)
O: Some S is not P O: Some non-P is not non-S.
SYMBOLIC REPRESENTATION OF CATEGORICAL PROPOSITION
Form Proposition Symbolic Rep. Explanation
A All S is P. SP = 0 The class of things that are both

S and non-P is empty
E No S is P. SP = 0 The class of things that are both
S and P is empty
I Some S is P. SP 0 The class of things that are both
S and P is not empty (SP has at
least one member)
O Some S is not P. SP 0 The class of things that are both
S and non-P is not empty. (SP
has at least one member)
Chapter 6
CATEGORICAL SYLLOGISMS
Syllogism is a deductive argument in which a conclusion is inferred from two premises.
Categorical Syllogism is a deductive argument consisting of three categorical propositions

that together contain exactly three terms, each of which occurs in exactly two of the constituent
propositions. It is said to be in standard form when its premises and conclusion are all standard-form
categorical propositions (A, E, I or O) and are arranged in a specified standard order.
Arrangement : major premiss, minor premiss and conclusion
Major term predicate of the conclusion (major premiss)

Minor term subject of the conclusion (minor premiss)
Middle term does not occur in the conclusion, appearing instead in both premises
No heroes are cowards. (major premiss)

Some soldiers are cowards. (minor premiss)
Therefore, some soldiers are not heroes. (conclusion)
Middle term cowards (does not appear in the conclusion)
Mood determined by the types (identified by A, E, I or O) of the standard-form categorical

propositions it contains.
E No heroes are cowards.

I Some soldiers are cowards.
O Therefore, some soldiers are not heroes.
Mood : EIO
Figure:
First Figure Second Figure Third Figure Fourth Figure
MP PM MP PM
SM SM MS MS
-------------- ------------------- ------------------- -------------------
SP SP SP S-P
Valid Forms of the Standard-Form Categorical Syllogism
First Figure Second Figure Third Figure Fourth Figure
bArbArA AAA-1 cAmEstrEs AEE-2 dAtIsI AII-3 cAmEnEs AEE-4

cELArEnt EAE-1 cEsArE EAE-2 dIsAmIs IAI-3 dImArIs IAI-4
dArII AII-1 bArOkO AOO-2 fErIsOn EI0-3 frEsIsOn EIO-4
fErIO EIO-1 fEstInO EIO-2 bOkArdO OAO-3

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LEGAL TECHNIQUES AND LOGIC

LOGIC - study of reasoning; deals with language

DEFINITION ideas / concept

Rowena B. Gallego Legal Techniques & Logic

- Refers to what declarative sentences are typically used to assert

COMPOUND PROPOSITIONS containing other propositions within themselves.

Conjunctive Propositions asserting the conjunction of two propositions is equivalent

Alternative or Disjunctive Propositions one proposition is true, the other is false

- Only compound either-or disjunctive proposition is asserted

Hypothetical or Conditional only the if-then proposition is asserted by the

- If God did not exist, it would be necessary to invent him.

An argument is not a mere collection of propositions; a passage may contain several

Rowena B. Gallego Legal Techniques & Logic

- Premiss no one was present

TECHNIQUES IN ANALYZING ARGUMENTS

Archimedes will be remembered when Aeschylus is forgotten, because

2. DIAGRAMMING exhibiting its structure using spatial relations in two dimensions.

Avoids the need to restate the premisses

Rowena B. Gallego Legal Techniques & Logic

Rowena B. Gallego Legal Techniques & Logic

Therefore for these reasons shows that

Since as indicated by can be shown by

Arguments in which one of the premises is a question whose answer is assumed to be

Rowena B. Gallego Legal Techniques & Logic

Americans dont like Asians; so Americans dont like me.

- The unstated proposition - I am an Asian did not need to be stated in that

If a claim for conclusiveness is being made

If the premises provides conclusive grounds for the conclusion

Validity applicable only to deductive arguments

- refers to relation between propositions between he set of propositions

Such claim is not being made

The premisses merely supports the conclusion; based on supportive grounds

The premises merely supports the conclusion (based on supportive ground)

Rowena B. Gallego Legal Techniques & Logic

Most corporation lawyers are conservatives.

TRUTH AND FALSITY are attributes of individual propositions or statements

VALIDITY AND INVALIDITY are attributes of arguments

Rowena B. Gallego Legal Techniques & Logic

1.1 Appeal to Emotion / to the Populace (Ad Populum) is fallacious because it

When careful reasoning is replaced with devices calculated to elicit enthusiasm

Everyone is selfish; everyone is doing what he believes will make himself

Band-Wagon Fallacy from the known phenomenon that, in an exciting

Appeal to Pity (Argument ad misericordiam literally means merciful heart)

When careful reasoning is replaced with devices calculated to elicit sympathy

I, who am probably in danger of my life, will do none of these things. The

Rowena B. Gallego Legal Techniques & Logic

1.4 Argument Ad Hominem (Argument Against the Person) a fallacious attack in

Abusive participants in strenuous argument sometimes disparage the character

Rowena B. Gallego Legal Techniques & Logic

- One dishonest and unworthy tactic used by several of my detractors is to

Circumstantial it is the irrelevance of the connection between the belief held

- Hunters, accused of the needless slaughter of unoffending animals,

The President continues to have confidence in the Attorney General and I

Product of sloppy thinking, a confusion in reasoning that the author of the

A mistake that is made in seeking to refute anothers argument.

- That assertion is entirely reasonable, of course, but it misses the point of

2. FALLACIES OF DEFECTIVE INDUCTION the premises may be relevant to the conclusion,

2.2 Appeal to Inappropriate Authority (Ad Verecundiam) when the premises of an

Advertising testimonials we are urged to drink a beverage of a certain brand

When mistakenly presume that one event is caused by another because it

Rowena B. Gallego Legal Techniques & Logic

One common objection to the legalization of assisted suicide is that once

It arises when we move carelessly or unjustifiably from a generalization to some