Intricacies, Fallacy and Madness of Legal Deduction

• Autores: Maciej Koszowski
• Localización: Archiv für Rechts-und Sozialphilosophie, ARSP, ISSN 0001-2343, Vol. 103, Nº 4, 2017, págs. 494-503
• Idioma: inglés
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• Resumen

  • This article demonstrates the fallacy of legal deduction as a method which is supposed to guarantee the certainty and predictability of the law. The Author asserts that legal deduction is in fact not of a logical nature. Their premises are of an uneven character or else one of them must be created in a non-mechanical way. This in turn makes legal deduction that is comprehended as a mode of inference that is infallible, provided its premises are true / valid nothing more than misunderstanding and fallacy. In addition, in this paper, the outcomes of legal deduction are shown to be highly dependent on the direct and indirect context under the threat of their being utterly absurd. Since the lack of fixity and clarity, these contexts, however, may lead one to madness, i.e. at least unless she or he abandons the idea that only logical types of inferences govern legal deduction and are solely responsible for its outcomes.