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The law is concerned primarily with the practical application of logic. Logic is a core tool of legal practice, but the day-to-day of practice is mostly grappli
by kemitchell 11y ago
The law is concerned primarily with the practical application of logic. Logic is a core tool of legal practice, but the day-to-day of practice is mostly grappling with the uncertainty that comes of applying generalized law to specific circumstances. At a very high level, you could compare it to engineering, especially on the transactional side.
Legal theorists---the mathematicians of the legal world---can stick to the pure forms, and even consider ones with no practical application, without pesky clients dragging them back to earth. They often get to use more of the arcane, cutting-edge tools of logic, which is also a branch of philosophy IMO.
At least speaking of the American legal system I deal with, laws and cases don't lead to just any conclusion. (I would call such a system "arbitrary", rather than "illogical".) Outcomes are rarely certain, but every time you read about especially civil litigation, you're usually reading about a case where at least two sides made big bets they were right.
A few thoughts on inherent contradiction:
1. Statutes, regulations, and cases cant' be read off the page and understood. They're just inputs to a system. For instance, statutes are routinely read very restrictively to avoid conflict with other statutes with greater authority. Some states will mark laws that are struck down accordingly in their statute books, but some don't.
2. When lawyers speak of "The Law", they usually don't just mean written, statutory law, or even case law. They're referring to the mass of probabilistic hypotheses informed lawyers hold about how courts and other institutions will react to regulated situations. Lawyers maintain running odds on various outcomes that matter to their clients by consuming legal input: reading case reports, monitoring new legislation, trading stories with colleagues. A very rigorous logic determines how those inputs affect the odds under which we all play. It's not simple boolean logic. It's much more developed than that.