Application of a Legal Rule
In the analysis of a legal rule above we indicated that a legal rule needed to be
formulated as a conditional statement in order to apply to facts and to
command compliance. The mechanism by which it performs this function is a
deductive process based on a syllogism.
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A syllogism is a form of deductive reasoning. It has a major premise, a minor
premise and a conclusion. Its nature is that if the major and minor premises are
true in fact and are framed in the right way, the conclusion logically follows.
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While this is more fully explained later it will round of the explanation to take a
brief look here.
First let us illustrate a syllogism in a case where we assume that Daffy is a
Duck:
Components
Relationships
Major Premise
All ducks are birds.
Minor Premise
Daffy is a Duck.
Conclusion
Therefore Daffy is a bird.
Figure 1.1 Illustration of a Syllogism
Now that the general nature of a syllogism has been illustrated, let us now
illustrate the syllogism for applying law to facts. This syllogism can be set out
in a diagram in the following way:
Components
Relationships
Major Premise
Facts that fall within the categories designated by Elements 1-n cause
Consequence X.
Minor Premise
Facts 1-n in this case fall within the categories designated by Elements 1-
n.
Conclusion
Facts 1-n cause Consequence X.
Figure 1.2 Syllogism for Applying Law to Facts
In plain language when Elements 1-n are satisfied in a case by the right facts,
labelled Facts 1-n, the legal rule imposes consequences on those facts and the
parties involved with them.
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Sir Neil MacCormick expands on this in his text Legal Reasoning and Legal Theory
(1978) Oxford University Press: Oxford pp 19-32. He cites Daniels v White [1938] 4 All
ER 258 as an illustration.
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Chapter 5 Deduction
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