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Open Access. Powered by Scholars. Published by Universities.®

Legal Education

2004

ExpressO

Jurisprudence

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Logic, Language And Legal Science: Are We Lagging Behind?, James S. Mcquade Jun 2004

Logic, Language And Legal Science: Are We Lagging Behind?, James S. Mcquade

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The central theme of this article is that modern notions of logic, deriving from computer logics and also from the language and logic movement in philosophy, provide a sound basis for legal science and hence for legal writing, law practice and legal education. Scepticism about legal formalism largely derives from the fact that the term logic is still taken to mean the syllogistic logic of Aristotle. Modern notions of logic, generally referred to as formalism or formal studies, view knowledge in general and science in particular in terms of game theory, applying word, number letter and iconic games to data …