逻辑三段论与司法三段论
Syllogism in Logic and Judicial Syllogism
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摘要: 逻辑三段论与司法三段论既有联系又有区别,但司法三段论研究却对逻辑三段论多有曲解,甚至将两者简单等同。文章对这一不当认识及其产生根源进行分析,指出逻辑三段论与司法三段论在推理模式、评价标准等方面都有根本不同。Abstract: Syllogism in logic is different from judicial syllogism in many aspects. In the research of law, however, judicial syllogism is often misunderstood as syllogism, and even both the two are simply regarded as the same thing. By studying some cases of such misinterpretations, this paper discusses the differences between syllogism and judicial syllogism, and points out that syllogism differ from judicial syllogism both in the pattern of reasoning and the criterion.
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