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Rev Synth. 2012;133(3):319-44. doi: 10.1007/s11873-012-0195-2.

[Logic, probability and rhetoric in legal argumentation].

[Article in French]

Author information

  • 1, , f.palermo_G@libero.it.

Abstract

Judicial reasoning has often been seen as mere rhetoric. Yet, as I argue here, this reasoning actually stems from the exigencies of truth. This in turn requires questioning the relationship between logic and rhetoric in the legal field. The logic referred to is probability, which is most appropriate to pragmatic rationality. Hence, to shed light on judicial reasoning, this essay puts the relationship between judicial logic and probabilistic logic in historical perspective whilst taking into account the existing literature on the topic.

PMID:
22851415
[PubMed]
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