Logic is the foundation of persuasive legal reasoning from "summary" of Thinking Like a Lawyer by Kenneth J. Vandevelde
The concept that underlies persuasive legal reasoning is a simple yet fundamental one: logic. In the realm of law, where arguments are carefully constructed and scrutinized, logic serves as the cornerstone upon which persuasive reasoning is built. This is because the law demands a rational and coherent justification for any legal position or conclusion. In legal reasoning, each step in the argument must logically follow from the previous one, leading inexorably to the desired conclusion. This logical progression is what gives legal arguments their force and persuasiveness. Without a solid logical foundation, legal reasoning would be weak and unconvincing. Moreover, logic helps to ensure that legal arguments are clear and coherent, making it easier for judges, juries, and other legal actors to understand and evaluate them. By adhering to the principles of logic, lawyers can present their arguments in a way that is both compelling and comprehensible. Furthermore, logic is essential for identifying and avoiding fallacies in legal reasoning. Fallacious arguments, which rely on faulty logic or reasoning, can undermine the credibility and persuasiveness of a legal argument. By applying the rules of logic, lawyers can guard against such errors and strengthen their arguments. In sum, logic is the bedrock of persuasive legal reasoning. It provides the structure, coherence, and rigor that are necessary for crafting compelling legal arguments. By grounding their reasoning in logic, lawyers can enhance the persuasiveness of their arguments and increase their chances of success in the legal arena.
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