Legal Syllogism: Facts, Premises, and Judgments
ITEM 16: Scheme Logic of Standard Implementation
In this issue, we will see how the operator should consider legal, if when presented with a fact, then it has a major premise; namely, the fact that he is presenting is going to handle certain standards and must think like form the minor premise. You must first represent the case; you must imagine or recreate what happened, make a reproduction of the fact. Then, it should find that if there was a fact through the evidence, the fact, the subject, among others, and if they match all elements with the major premise, seek standards fit into that fact.
The legal practitioner, based on perception, taking into account everything that might influence the fact, that is, judgments based on human behavior as a performance psychologist, and judgments based on social experience within a social context, i.e., value judgments.
Concepts
Factual: The standard requirements of the Act, whose implementation is dependent on the production of legal effects.
Particular Fact: The test object, the act or event occurring in reality; made liable to prosecution.
Question of Fact: Pertaining to a controversial issue which needs to be tested.
Question of Law: It concerns only legal principles applied to consider the controversial issue.
Formation of the Minor Premise of the Syllogism to Determine Legal Consequences
There are three elements:
- The representation of the case the fact is, imagine how the events based on events that tells the client, play in our mind.
- The realization that this has actually happened is, in fact, see that this incident occurred.
- The appreciation of the fact as an event which has the hallmarks of the Act, i.e., the major premise. When they found that the fact did occur, it proceeds to search the ends of law in order to fit the fact the norm. And that’s when you are forming the minor premise, that is, as will be done by writing the standard where it can fit, the judge must create the minor premise so that it can fit into the norm, and this makes a series of preliminary trials.
Prosecutions Required
- Judgments based on perception: That is, using the senses to be supported by own perceptions or perceptions of others that have been reported under the daily experience in representative images, and these in turn are named. For example, someone sees a dog running to and fro and hear at the same time, sounds that you know are dogs barking. Link then both perceptions of a representative picture by saying that this dog, you see in this particular place, barks.
We can also find legally relevant facts which can be observed by charging such as birth and death of a man at one time, the bodily injury of a man, the destruction or deterioration of a thing, among others, such facts are capable test the process. However, the factual circumstances of the laws do not refer only to those facts to be verified by the mere perception, but in part relate to those facts and events, such as in particular human acts and declarations of intent, which must be understood in a certain way.
- Judgments based on the interpretation of human behavior: Those that relate to the interpretation of human behavior, which is only accessible once the outer side of human behavior and as such only what we understand based on the experiences that each one makes self and other, specifying in particular as an interpretation of legal declarations of intent negotiable. Almost always when people have to give statements demonstrates expressions and body gestures that judges analyzed and taken into account.
- Judgments based on social experience: Which prosecutes, to find out the proper condition of the thing, can not rely solely on perceptual judgments, but that is his opinion with the help of social experiences. As the company acts in a context within a given act as human beings within the social context as a given fact act in society, what we call a peak experience. That is the judge takes into account your experience.
- Value judgments: Judges base their judgments on the values, morals, based on the principles of good faith and fairness.
There are social values within the context supported by the mores of the place.