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LOGICAL THINKING & LEGAL REASONING. 2019 Certificate in Forensic Investigation Techniques, Saturday 31 August 2019. LOGICAL THINKING & LEGAL REASONING. Logical Thinking Legal Reasoning Examples. ?. Part 1: logical thinking. What is logical thinking?.
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LOGICAL THINKING & LEGAL REASONING 2019 Certificate in Forensic Investigation Techniques, Saturday 31 August 2019
LOGICAL THINKING & LEGAL REASONING • Logical Thinking • Legal Reasoning • Examples
What is logical thinking? Logical thinking is the process in which one uses reasoning consistently to come to a conclusion. Problems or situations that call for logical thinking call for structure, for relationships between facts, and for chains of reasoning that makes sense.
What is logical thinking? The basis of all logical thinking is sequential thought. This means taking the important ideas, fact and conclusions involved in a problem and arranging them in a chain-like progression that takes on a meaning in and of itself. To think logically is to think in steps.
What is logical thinking? Deductive reasoning (top-down reasoning) determines whether the truth of a conclusion can be determined for that rule, based solely on the truth of the premises. Example: "When it rains, things outside get wet. The grass is outside, therefore: when it rains, the grass gets wet." Mathematical logic and philosophical logic are commonly associated with this type of reasoning.
What is logical thinking? An example of an argument using deductive reasoning: • All men are mortal. (First premise) • Socrates is a man. (Second premise) • Therefore, Socrates is mortal. (Conclusion)
What is logical thinking? The first premise states that all objects classified as "men" have the attribute "mortal." The second premise states that "Socrates" is classified as a "man" – a member of the set "men." The conclusion then states that "Socrates" must be "mortal" because he inherits this attribute from his classification as a "man."
What is logical thinking? Inductive reasoning (bottom-up reasoning) attempts to support a determination of the rule. It hypothesizes a rule after numerous examples are taken to be a conclusion that follows from a precondition in terms of such a rule. • Example: "The grass got wet numerous times when it rained, therefore: the grass always gets wet when it rains."
What is logical thinking? Inductive reasoning (bottom-up reasoning) attempts to support a determination of the rule. It hypothesizes a rule after numerous examples are taken to be a conclusion that follows from a precondition in terms of such a rule. • While they may be persuasive, these arguments are not deductively valid, see the problem of induction. Science is associated with this type of reasoning.
What is logical thinking? Abductive reasoning, a.k.a. inference to the best explanation, selects a cogent set of preconditions. Given a true conclusion and a rule, it attempts to select some possible premises that, if true also, can support the conclusion, though not uniquely. • Example: "When it rains, the grass gets wet. The grass is wet. Therefore, it might have rained."
What is logical thinking? Abductive reasoning, a.k.a. inference to the best explanation, selects a cogent set of preconditions. Given a true conclusion and a rule, it attempts to select some possible premises that, if true also, can support the conclusion, though not uniquely. • This kind of reasoning can be used to develop a hypothesis, which in turn can be tested by additional reasoning or data. Diagnosticians, detectives, and scientists often use this type of reasoning.
What is logical thinking? Logical Thinking Is Not an Inborn Talent, But Something You Can Learn and Practice • Enhancing logical reasoning is simply learning to pay a closer attention to details. Therefore, there are a few easy techniques to help you overcome thinking obstacles and really focus.
What is logical thinking? Stop Viewing Things from Your Own Perspective Only • To advance logical thinking process, it is crucial to differentiate established facts from personal observations.
What is logical thinking? Think Before You Start Doing – Create a Strategy • Since logical thinking implies noticing all the details and putting them together one by one until the picture becomes clear as day, strategy plays a major role in the thinking process. Learning to think strategically will not only power the brain, but it can also help you deal with business obligations faster and more proficiently. • Start by questioning everything and trying to interpret repetitive patterns. Learn from mistakes so that you can anticipate what is ahead.
What is logical thinking? Dig into the Meaning of Words Carefully • As the logic is more verbal, the slight language variations make a big difference. Knowing the difference between statements will definitely tighten up the loose screws of logical thinking.
What is logical thinking? Dig into the Meaning of Words Carefully • If you hear “necessary” in a statement, you immediately know there is a condition that needs to be fulfilled, unlike “sufficient” which denotes a minimal level of effort that will lead to a positive outcome. Every condition has a slight alteration in meaning, just as the word order in a sentence carries a certain meaning.
What is Legal reasoning? • Legal reasoning is a method of thought and argument used by lawyers and judges when applying legal rules to specific interactions among legal persons. Legal reasoning in the case of a court's ruling is found in the 'Discussion or Analysis' section of the judicial ruling.
What is Legal reasoning? • FIRAC method • Identify the relevant FACTS • Identify what the ISSUES are • What are the RELEVANT law and legal provisions? • How should one APPLY the relevant law and provisions to your specific case? • What is the logical CONCLUSION one must reach?
