Chapter 20
Model for Applying Law
Introduction
Preliminary Tasks
Framework
Elements and Facts
Illustration
Introduction
Applying Law
Law is made to apply to facts and bring legal consequences. Applying law to
facts can be explained by a model, the model for applying law. This model is
actually constituted for the most part by the first two columns of the model for
using law. This can be set out in a diagram. To emphasise that satisfying all of
the elements by the appropriate facts brings consequences, the diagram shows
a downward arrow between the elements and the consequences:
Law
Facts
Element 1
Fact 1
Element 2
Fact 2
Element n
Fact n
Consequences
Consequences
Figure 20.1 Law and Facts
As this diagram reveals, Elements 1-n of the cause of action brings
Consequences when it applies to facts. Here, Elements 1-n apply to Facts 1-n.
Or stated from the opposite direction, Facts 1-n satisfy Elements 1-n. This
means that in this particular case Facts 1-n cause Consequences.
Syllogism
This process of applying law to facts is deductive, and based on a
syllogism.
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This syllogism takes a standard form. To illustrate this syllogism
assume that a legal rule has Elements 1-n which cause Consequences, and that
facts that fit within or satisfy these elements are labelled Facts 1-n. On this
basis the syllogism can be set out in a table in the following manner:
Major Premise
Facts in the categories designated by Elements 1-n cause
Consequences.
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Christopher Enright Legal Reasoning Chapter 5 Deduction
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