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Deduction and Justification in the Law. The Role of Legal Terms and Concepts

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Abstract:

Abstract. 

Legal terms, such as “ownership,”“contract,”“validity,”“negligence,” are used as middle terms in legal deduction. The paper distinguishes two problems regarding this use. One is the logical function of terms for deduction within a normative system. Specific problems dealt with in this connection are meaning, definition, and economy of expression. The other problem connected with middle terms is the “moulding” and possible manipulation of the meaning of legal terms, for arriving at desired conclusions in a given scheme of inference. It is indicated how the moulding of contested legal concepts, if not restricted, will obscure the ratio of legal rules. This problem is relevant, inter alia, to arguments ex analogia in the law.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1467-9337.2004.00263.x

Affiliations: University of Lund, Sweden

Publication date: June 1, 2004

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