Logic and law, a study of legal logic

Abstract

Logic and law is a study in legal logic. In this research we dealt with the logic approach because of its prominent role in the law in terms of ensuring the integrity of judicial rulings for the application of the law. Logic helps to define the judge’s conviction in the discretionary authority in applying the law and put it on its righteous course. The distinction between logic and legal logic and a statement of the elements of each of them, where logic is used to weight the opinions and issues on the theoretical and practical levels, because logic is a tool that is used to select evidence and it is a balance for its evaluation, and a criterion for choosing the best choice or option.

The main topic of logic is the inference in its various forms, and from here the study of the relationship between legal logic was one of the objectives of this study in legal logic. According to this study Logic is both science and an art, as it is a science because it has general laws just like any other science. In addition, it is an art because it means applying these general laws in the reasoning of thought to discover the error of the right, and since the court ruling is a logical construct, the essence of the court’s work is to make a logical measurement between the content of the legal rule that governs the dispute, and what the judge does depends on the tools of legal reasoning ( (Induction and deduction)) that help to form his conviction and accordingly, the legal logic related to the facts is based on dialectical reasoning to persuade the evidence, inductive reasoning and deductive reasoning to reach a specific conclusion, and the legal logic acquires a vital importance and is related to the lives of all citizens. Thus, legal logic investigates the emergence of the legal rule and its interpretation, and also its application in a theoretical way, and it examines practically the application of the legal rule to a specific incident by the judge if he is adjudicated in the case before him.