Introduction to Law Deneme Sınavı Sorusu #838115

Which of the following information about judicial syllogism is not true?


The classical model of syllogism is based on the Aristotelian logic.

Judicial syllogism is mostly applied in common law countries.

The facts of a case (minor premise) are subsumed under a general rule (major premise).

Syllogism facilitates the building up of a logically consistent system of propositions which enhance consistency and predictability.

Syllogism provides the courts with an ideal mechanism for justifying what they do.


Yanıt Açıklaması:

A typical judgment in a legal system based on civil law tradition is a logical deduction or series of logical deductions drawn from pre-existing premises, known as judicial syllogism. Common law courts rarely take as their starting point an abstract rule which then has to be applied to the established facts before them. Common law courts deal, first and foremost, with the facts of the case at hand and arguments of parties, and arrive at a solution through a reasoning process that tends to focus on the particularities of the actual institutions that are germane to the case before them. Thus, one can contend that, as a form of deductive reasoning, judicial syllogism is mostly applied in civil law countries.

The correct answer is B. 

Yorumlar
  • 0 Yorum