Logic, context and valid inference.
Or: Can there be a logic of law?

Bart Verheij

Abstract

The question is addressed whether it makes sense to speak of a logic of law. It is shown that what counts as valid inference depends to a large extent on context-dependent choices. This suggests that our question has a simple answer, namely that a logic of law can exist. After noticing that one logic can serve as the background of another, it is explicated that a more subtle answer can be given. On the one hand a logic of law can exist, and on the other hand it can be possible to reduce such a logic to a set of legal premises in a more abstract logic. It is posited how a 'contextual logic' approach and an 'abstract logic' approach can lead to different priorities in the formalization of legal reasoning.

Reference:
Verheij, Bart (1999). Logic, context and valid inference. Or: Can there be a logic of law? Legal Knowledge Based Systems. JURIX 1999: The Twelfth Conference (eds. H.J. van den Herik, M.-F. Moens, J. Bing, B. van Buggenhout, J. Zeleznikow, and C.A.F.M. Grütters), pp. 109-121. Gerard Noodt Instituut, Nijmegen.

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