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40 S. Tex. L. Rev. 367 (1999)
The Influence of the Legal Paradigm on the Development of Logic

handle is hein.journals/stexlr40 and id is 377 raw text is: THE INFLUENCE OF THE LEGAL PARADIGM ON THE DEVELOPMENT OF LOGIC ROBERT H. SCHMIDT* I. INTRODU CTION ............................................................................ 367 II. THE LEGAL PARADIGM IN THE HISTORICAL DEVELOPMENT OF THE LOGICAL DISCIPLINE ........................ 372 A. Aristotelean Syllogistic Demonstration & Induction ......... 372 B. Bacon and the Logic of Experimental Science ................... 377 C. Viete and the Symbolic Formalization of Algebraic R easoning ............................................................................... 380 III. THE UNIQUENESS OF LEGAL REASONING & THE SPECIAL PROBLEM S IT POSES .................................................................... 383 A. The Pastness of the Events in Legal Cases .......................... 384 B. The Particularity of the Events in Legal Cases ................... 389 C. The Contingent Nature of Events in Legal Cases ............... 393 IV . C ONCLU SION ................................................................................ 394 R EFEREN CES ................................................................................ 399 I. INTRODUCTION Why do we say that reasoning follows laws? Why do we also use the term 'judgment' in logic, which was originally and still is a legal term? Why do we mingle legal and logical concepts in this way? Argumentation and debate were practiced in the Athenian law courts long before the reasoning process was itself subjected to thematic treatment by Plato, Aristotle, and the Stoics, resulting in the discipline that is now called logic. This legal background surely provided these philosophers with numerous concrete examples of both valid and fallacious reasoning And even though in the Prior An independent publisher, translator and scholar whose passion is reading the Greek philosophers in the original language. Mr. Schmidt is the author of numerous translations of ancient, medieval, and renaissance works in the history of science. He founded of The Golden Hind Press in 1983 to further the development of an accurate history of thought, particularly in the areas of mathematics, natural science and logic. He is presently research director for the Phaser Foundation, an independent nonprofit think tank. 1. See generally THE OLDER SOPHISTS (Rosamond Kent Sprague ed., 1st ed. 1972).

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