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Full-Text Articles in Law
Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman
Logic And Elements. (Premises And Conclusions: Symbolic Logic For Legal Analysis)." , Richard D. Friedman
Articles
We may happily agree with Holmes that logic is not the life of the law' and yet contend that logic should play a significant role in legal discourse. Logic cannot demonstrate the truth of premises, and so by itself it cannot demonstrate the merits of a legal argument. Moreover, even given the premises, it may be that a leap of faith, or intuition, has an irreducible role at least in some good legal arguments.2 But at least a sound legal argument will not be an illogical one. An argument will not be persuasive if it appears to violate basic principles …
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen
Articles
The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4) …
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Controlling Inadvertent Ambiguity In The Logical Structure Of Legal Drafting By Means Of The Prescribed Definitions Of The A-Hohfeld Structural Language, Layman E. Allen, Charles S. Saxon
Articles
Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of· the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague language· best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the …
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Standards Of Persuasion And The Distinction Between Fact And Law, Richard D. Friedman
Articles
The invitation to respond in these pages to Gary Lawson's very interesting article, Proving the Law, was tempting enough. But what made it irresistible was Professor Lawson's comment that he is "addressing, with a brevity that borders on the irresponsible, subjects well beyond [his] depth." Now, that's the kind of debate I really like. Let me jump right in. A principal question raised by Lawson, which I find quite interesting, may be phrased in general, and purposefully ambiguous, terms as follows: Before an actor treats a proposition as a valid2 proposition of law, what standard of persuasion should that proposition …
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Infinite Strands, Infinitesimally Thin: Storytelling, Bayesianism, Hearsay And Other Evidence, Richard D. Friedman
Articles
David Schum has long been one of our keenest commentators on questions of inference and proof. He has been particularly interested in, and illuminating on, the subject of "cascaded," or multi-step, inference.' This is a subject of importance to lawyers, because most evidence at trial can be analyzed in terms of cascaded inference. Usually, the proposition that the fact finder2 might immediately infer from the evidence is not itself an element of a crime, claim, or defense. Most often, an extra inference would be required to jump from that proposition to a proposition that the law deems material. Thus, inference …
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon
Articles
This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm
Articles
Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm
Articles
Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White
Articles
Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen
Articles
Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen
Articles
QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Articles
One way of characterizing instructional games is in terms of whether they are simulation games or nonsimulation games. Most ofSimulation Gaming News deals with simulation games and other simulations; here we are concerned with nonsimulation games.
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
The Virtues Of Nonsimulation Games, Layman E. Allen, Robert W. Allen, Joan Ross
Articles
The use of games as teaching devices is receiving attention from an increasing number of educators. Data from tests conducted with one such educational game-WFF ’N PROOF strongly indicate that this and similar games are useful, not only in teaching a particular subject (in this case symbolic logic), but also in increasing the general problem-solving ability of the student. WFF ’N PROOF is actually not one game but a series of 21 games of increasing difficulty. The first games in the series are quite simple and can be enjoyed by first graders. The final games are challenging and stimulating even …
A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen
A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen
Articles
An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …
Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen
Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen
Articles
A large amount of the litigation based on written instruments-whether statute, contract, will, conveyance or regulation-can be traced to the draftsman's failure to convey his meaning clearly. Frequently, of course, certain items may purposely be left ambiguous, but often the question in issue is due to an inadvertent ambiguity that could have been avoided had the draftsman clearly expressed what he intended to say. In this Article it is suggested that a new approach to drafting, using certain elementary notions of symbolic logic, can go a long way towards eliminating such inadvertent ambiguity. This new approach makes available to draftsmen …