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Deduction and justification in the law : the role of legal terms and concepts

Lindahl, Lars LU (2004) In Ratio Juris 17(2). p.182-202
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.
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
legal concepts, middle terms, concept formation, jurisprudence, allmän rättslära
in
Ratio Juris
volume
17
issue
2
pages
182 - 202
publisher
Wiley-Blackwell
ISSN
0952-1917
language
English
LU publication?
yes
id
df7a704b-79a4-4643-b8d8-580a17ea8192 (old id 742297)
date added to LUP
2008-01-24 21:54:53
date last changed
2016-04-16 12:24:58
@article{df7a704b-79a4-4643-b8d8-580a17ea8192,
  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.},
  author       = {Lindahl, Lars},
  issn         = {0952-1917},
  keyword      = {legal concepts,middle terms,concept formation,jurisprudence,allmän rättslära},
  language     = {eng},
  number       = {2},
  pages        = {182--202},
  publisher    = {Wiley-Blackwell},
  series       = {Ratio Juris},
  title        = {Deduction and justification in the law : the role of legal terms and concepts},
  volume       = {17},
  year         = {2004},
}