ABSTRACT

What do we mean when we say do we mean when we that legal are that legal decisions are based upon or rules? We upon facts or rules ? We are tempted to that meaning is tempted to say that the meaning is that the are inductive consequences the decisions are inductive consequences or of facts or deductive consequences of rules. The former model seems at rules. The former model seems home in law, latter in home in criminal law, the latter in civil law. The judge or law. The judge or jury examines evidence and hears testimony (the defendant was P.M., he had ant was there at 8:00 P.M., he had expressed an intention to pressed an intention to kill, etc.) and finally declares the man guilty of the finally declares the man guilty of the on and act on the basis of the evidence and testimony. What better example could we have of inductive justification? Or, we inductive Or, in civil law, the judge knows that employers have not been held liable for injuries caused by one fellow servant to another, regards the case before him as another, regards case him as covered by this precedent, and refuses and covered by to award damages to the plaintiff. How to award plaintiff. How very like the deductive moves of the standard syllogism.