Session 02.1.2

Representing legal rules and arguments in propositional logic: Part 1 (Scott Brewer)

Themes covered in this session:

  1. Representing legal rules (moving from rule-enthymemes to a fair formal representation) using the tool of propositional deductive logic grammar
  2. Representing legal arguments (moving from argument-enthymemes to a fair formal representation) using the tool of propositional deductive logic grammar
  3. Using Logocratic analysis to represent “unvirtuous” interpretive abductions by judges (e.g., in Trans-Aire v. Northern Adhesive)

Projections

  • [To be posted after session]

Readings

  • Background for UCC § 2-207 and Pathology (Logocratic Vice) in Statutory Design (discussion by SB)
  • Interpretive abduction, unvirtuous, in Trans-aire (discussion by SB)
  • Tapscott, Elementary Applied Symbolic Logic, chapters 1-8 [explains the basics of propositional deductive logic, including truth functions and truth tables]
  • Tapscott, Elementary Applied Symbolic Logic, chapter 6, A Logic-English translation Guide ) [offers a “translation guide” for English words that can be fairly formally represented as truth functions, for example, ‘unless’ and ‘but’ — necessary for understanding statute UCC 2-207
  • Brewer, indent-right representation for EUI-HLS SSLL19 [a method for representing rule-enthymemes without symbolic forms ‘p’, ‘q’, etc. — that is, using only natural language

Cases and statutory background

  • Trans-Aire v. Northern Adhesive (case)
  • Statutory background for Trans-Aire v. Northern Adhesive: UCC 2-207 and Official Comments (statute and official comments)

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s