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Formal logic can only be applied to precisely stated prepositions. Formal logic would lead to bad things, for example, imagine a state bans sex with animals. Y
by rhino369 10y ago
Formal logic can only be applied to precisely stated prepositions.
Formal logic would lead to bad things, for example, imagine a state bans sex with animals. You'd be guilty of having sex with your wife because she's an animal.
The law isn't precisely stated so formal logic is the wrong tool.
Law uses different sorts of logic. If you are curious, take a look at LSAT questions. That's the sort of logic and reasoning lawyers value.
- alphydan 10y agoSounds to me like a perfectly reasonable application or the law. Put all the citizens in that state in Jail. What were they thinking!?
- posterboy 10y agoNo, only those breaking that law are animals.
- posterboy 10y agoFormal logic is taught in law school and humans cannot but employ it, it's encoded in our brains. The lack of definitions, the fuzzy logic is the problem. Yet, I am often amazed by accurate law codes, and I am far more astonished by how wrongly I and others use those words contrary to their original usage. I accept that words are defined by their usage. I cannot accept competing definitions. Point in case, I wouldn't say humans are animals, and historic usage proves me right AFAICR from reading on free will etc. At best, a human is a mammal. But you seem to want to use the word differently, so, I agree that this doesn't really work.
- hueving 10y agoAll mammals are animals. I don't know what your definition is but it certainly doesn't match up with any dictionary or scientific one.
- posterboy 10y ago"In non-scientific usage, any member of the kingdom Animalia other than a human being." (https://en.wiktionary.org/wiki/animal#English https://en.wiktionary.org/wiki/animal#English)
- hobbyjogger 10y agoGreat point and well said. Except I'd add that the LSAT is heavily focused on deductive, formal logic (particularly the logic puzzles section) and most of the rest is semantics. That's very removed from what lawyers actually do (which I think you described well, it's just that the LSAT isn't very representative of that).
- deleted 10y ago[deleted]
- posterboy 10y ago> well said > preposition It's called proposition, so I take that as evidence for a complete lack of familiarity with the topic of logic. > Except ... except the point is completely wrong but for the exemplary sentiment, that some interpreters of law don't even pretend to be reasonable.