Is There a Specifically ‘Juristic’ Logic?

Hans Kelsen

in General Theory of Norms

Published in print March 1991 | ISBN: 9780198252177
Published online March 2012 | e-ISBN: 9780191681363 | DOI:
Is There a Specifically ‘Juristic’ Logic?

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In juristic literature, it is sometimes claimed that the logic legal science makes use of — and in particular, the logic applied to legal norms — is not general formal logic, but a different, specifically ‘juristic’, logic. This view is the object of dispute. The Polish logician Kalinowski firmly rejects it. The Belgian philosopher Ch. Perelman firmly supports it. The instances usually advanced in favour of the existence of a specifically juristic logic are the so-called analogical inference which jurists make use of and the argumentum a maiore ad minus which they constantly employ.

Keywords: juristic logic; legal science; legal norms; analogical inference; Kalinowski; Perelman

Chapter.  1890 words. 

Subjects: Jurisprudence and Philosophy of Law

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