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LEGAL TECHNIQUE & LOGIC

By: Sittie Yahara Bantuas Jim S. de los Santos

PRESENTATION OUTLINE

I. Standard Form Categorical Syllogisms II. The Formal Nature of Syllogistic Argument III. Venn Diagram: Technique for Testing Syllogisms IV.Six Rules of Categorical Syllogisms

I. Standard Form Categorical Syllogisms

Categorical Syllogisms are sets of three categorical propositions. The first two are given and presumed to be true. These first two categorical propositions are called premises. The third categorical proposition is the conclusion. The third categorical proposition is in the form _____ S is (___) P.

I. Standard Form Categorical Syllogisms

The first categorical proposition is called the major premise and introduces P and a term that will be called M, the middle term. The second categorical proposition is called the minor premise and includes S and M.

I. Standard Form Categorical Syllogisms

The major term of the syllogism is whatever is employed as the predicate term of its conclusion. The third term in the syllogism doesn't occur in the conclusion at all, but must be employed in somewhere in each of its premises; hence, we call it the middle term.

I. Standard Form Categorical Syllogisms


There are four types of categorical proposition, the universal affirmative A, the universal negative E, the particular affirmative I, and the particular negative O. A: All rocks are hard things. E: No rocks are hard things I: Some rocks are hard things O: Some rocks are not hard things [Not every rock is a hard thing]

I. Standard Form Categorical Syllogisms


Consider, for example, the categorical syllogisms: No felons are politicians. Some thieves are felons.
(Major Premise) (Minor Premise)

Therefore, some thieves are not politicians.

(Conclusion)

A Categorical Syllogism in standard form always begins with the premises, major first and then minor, and then finishes with the conclusion.

I. Standard Form Categorical Syllogisms


Another example, the categorical syllogisms: No geese are felines. Some birds are geese.
(Major Premise) (Minor Premise)

Therefore, some birds are not felines.

(Conclusion)

A Categorical Syllogism in standard form always begins with the premises, major first and then minor, and then finishes with the conclusion.

I. Standard Form Categorical Syllogisms


The mood of a syllogism is simply a statement of which categorical propositions (A, E, I, or O) it comprises, listed in the order in which they appear in standard form. Thus, a syllogism with a mood of OAO has an O proposition as its major premise, an A proposition as its minor premise, and another O proposition as its conclusion; and EIO syllogism has an E major premise, and I minor premise, and an O conclusion. The mood of a syllogisms is determined by the types of categorical propositions it contains. A All S are P E No S are P I Some S are P O Some S are not P

I. Standard Form Categorical Syllogisms


Consider this example, to determine the mood, based on the types of categorical propositions it uses:
Premise 1: All Law students are intelligent people. Premise 2: All intelligent people are kind. Conclusion: Therefore, All Law students are kind. A A A

Each categorical proposition in this categorical syllogism are of the form A, meaning the mood is of this argument is AAA.

I. Standard Form Categorical Syllogisms


Lets look some figures: M P 1.) \ 2.) S M

P M | S M

First syllogism, the middle term is the subject term of the major premise and the predicate term of the minor premise; Second syllogism, the middle term is the predicate term of both premises;

3.)

M P | M S

4.)

P M / M S

I. Standard Form Categorical Syllogisms


Third syllogism, the subject term of both premises; Fourth syllogism, the middle term appears as the predicate term of the major premise and the subject term of the minor premise. AAA argument matches form 1:

M P 1.) \ S M

P M 2.) | S M

M P 3.) | M S

P M 4.) / M S
A M-P A S-M A ^S-P

Premise 1: All intelligent people are kind. Premise 2: All Law students are intelligent. Conclusion: Therefore, All Law students are kind. AAA-1 is a valid argument form.

II. Formal Nature of Syllogistic Argument


Exactly 256 distinct forms of categorical syllogism: (4) four kinds of major premise multiplied by (4) four formal kinds of minor premise multiplied by (4) four kinds of conclusion multiplied by (4) four relative positions of the middle term. Of the 256 possible permutations of mood and figure (64 types of mood X 4 types of figure) only 15 of the possible forms are valid. A All S are P E No S are P I Some S are P O Some S are not P

II. Formal Nature of Syllogistic Argument

Figure 1: Figure 2: Figure 3: Figure 4:

AAA, EAE, AII, EIO EAE, AEE, EIO, AOO IAI, AII, OAI, EIO AEE, IAI, EIO

The first three rules have to do with the distribution of terms, and the last three have to do with the quality and quality of the propositions in the syllogisms. When any of these rules are broken, truth fails to be preserved across the premises to the conclusion, and a corresponding formal fallacy is committed. This leads to an invalid argument, and again, using the analogy of a road map, invalid arguments are dead ends.

II. Formal Nature of Syllogistic Argument

The four types of categorical propositions distribute their terms. In an A proposition, the S is distributed, the P is not. In an E proposition, the S and P are both distributed. In an I proposition, the S and P are both undistributed. In an O proposition, the S is undistributed, the P is distributed.

II. Formal Nature of Syllogistic Argument

Some Lifeissues.net readers are philosophers. Sean is a philosopher. Therefore, Sean is a Lifeissues.net reader. Invalid. Undistributed Middle Term. No man is perfect Some men are presidents. Therefore, some presidents are not perfect. Valid

II. Formal Nature of Syllogistic Argument

All educated people have worked hard. Some students are not educated. Therefore, some students have not worked hard. Invalid. The term not worked hard is distributed in the conclusion, but it is undistributed in the first premise.

III. The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

1. A valid standard-form categorical syllogism must contain exactly three terms, each of which is used consistently in the same sense throughout the argument. (if not--fallacy of four terms, the fallacy of
equivocation.quaternio terminorum)

III. The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

2. In a valid categorical syllogism the middle term must be distributed in at least one of the premises. (if not--fallacy of the
undistributed middle term)

III.The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

3. In a valid categorical syllogism if a term is distributed in the conclusion, it must be distributed in the premises. (if not--illicit major
or illicit minor depending on where the undistributed term occurs)

III. The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

4. A valid categorical syllogism may not have two negative premises. (if it does--fallacy
of exclusive premises)

III. The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

5. If either premise of a valid categorical syllogism is negative, the conclusion must be negative. (drawing an affirmative conclusion from
a negative premise is a fallacy)

III. The Six Rules of Standard-Form Categorical Syllogisms (and corresponding fallacies)

6. In a valid categorical syllogisms, particular propositions cannot be drawn properly from universal premises. (If
it does, it commits the existential fallacy.)

IV-Diagramming Syllogisms

First draw three overlapping circles and label them to represent the major, minor, and middle terms of the syllogism

IV-Diagramming Syllogisms
Next, on this framework, draw the diagrams of both of the syllogism's premises. Always begin with a universal proposition, no matter whether it is the major or the minor premise. Remember that in each case you will be using only two of the circles in each case; ignore the third circle by making sure that your drawing (shading or ) straddles it.

IV-Diagramming Syllogisms

Finally, without drawing anything else, look for the drawing of the conclusion. If the syllogism is valid, then that drawing will already be done.
Consider this example:

No M are P. Some M are S. Therefore, Some S are not P.

IV-Diagramming Syllogisms

First, we draw and label the three overlapping circles needed to represent all three terms included in the categorical syllogism:

IV-Diagramming Syllogisms

Second, we diagram each of the premises:

Since the major premise is a universal proposition, we may begin with it. The diagram for "No M are P" must shade in the entire area in

IV-Diagramming Syllogisms

Since the major premise is a universal proposition, we may begin with it. The diagram for "No M are P" must shade in the entire area in which the M and P circles overlap. (Notice that we ignore the S circle by shading on both

IV-Diagramming Syllogisms

Third, we stop drawing and merely look at our result. Ignoring the M circle entirely, we need only ask whether the drawing of the conclusion "Some S are not P" has already been drawn.

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