Applying Law
Introduction
Applying law to facts is a deductive process based on a syllogism.
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This is a
syllogism based on propositional logic and involves a conditional statement.
To illustrate this syllogism we will use our standard labelling system where the
elements of a legal rule are labelled Elements 1-n and the facts that fit within
those elements are labelled Facts 1-n. The
syllogism can then 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
Consequences.
Minor
Premise
The material facts in this case, Facts 1-n, fall within the categories
designated by Elements 1-n.
Conclusion
Facts 1-n cause Consequences.
Figure 5.9 Syllogism for Applying Law to Facts A
This syllogism can also be set out in a different diagram. This diagram is taken
from the model for using law, which is where the syllogism operates. So
portraying the syllogism in this way is something of an introduction to that
model, which is discussed later.
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This diagram takes the following form:
1
Major Premise
2
Minor Premise
3
Conclusion
Elements
Facts
Element 1
Fact 1
Element 2
Fact 2
Element n
Fact n
Consequences
Consequences
Figure 5.10 Syllogism for Applying Law to Facts B
The first column sets out the rule as a conditional statement that also
constitutes the major premise of the syllogism: “If facts fall within the
categories designated by Elements 1-n they cause Consequences”.
The minor premise of the syllogism provides as follows: “The facts in this
case, Facts 1-n, fall within the categories designated by Elements 1-n”. In the
diagram, the minor premise is represented by the arrow between the first
column (Elements 1-n) and the third column (Facts 1-n). The horizontal arrow
indicates that the facts fit the elements. That is Fact 1 fits within (and thus
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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 31 Model for Using Law
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