Professional Documents
Culture Documents
AND LOGIC
CHAPTER 1
Preliminary Considerations
1.
course outlines, but must also learn how courts interpret the law and
create it. It is not enough to know what the law has been; it is also
necessary to develop the ability to predict what it may become.
Students must master this skill because it is basic to representing
clients competently.
The purpose of legal education is to teach students how to
think like lawyers. Students must learn how to make arguments for a
favorable interpretation of an existing rule of law, or for the adoption of
a new rule of law.
2.
Practice of Law
c.
Research skills. These involve knowing where and how
to locate and analyze authorities and other information necessary to
the completion of legal tasks.
d.
Problem-solving skills. These involve the ability to
identify and dissect legal problems and to come up with solutions and
strategies. [5]
5.
Complementary skills
Legal Technique
Legal Logic
Legal Reasoning
[1]
This part is taken from William Huhn, The Five Types of
Legal Argument, 2d Ed., Chap. 1, pp. 10-12
[2]
Id., citing Oliver Wendell Holmes, The Path of the Law, 110
Harv. L. Rev.. 991, 994 (1997), reprinted from 10 Harv. L. Rev. 457
(18987)
5
[3]
Cayetano v. Monsod, G.R. No. 100113, 3 September 1991
[4] Okianer Christian Dark, Transitioning From Law Teaching to Practice
and Back Again: Proposals For Developing Lawyers Within the Law
School
Program,
http://
www.
law.ua.edu/
pubs/jlp/files/
issues_files/vol28/v28a4.pdf (accessed 3 November 2012), citing John
C. Dernbach & Richard V. Singleton II, A Practical Guide to Legal Writing
and Legal Method Xxi (1981)
[5]
Portions were adapted from Justice Serafin V. C. Guingona,
On Legal Education, IBP Journal, Vils. XX & XXI, 1992-93, pp. 59-67
[6]
Csaba Varga, Doctrine and Technique in Law,
www.univie.ac.at/ RI/ IRIS2004 /Arbeitspapierln /.../Csaba_Phil.doc
(accessed 5 October 2012)
[7]
Id., 97
[8]
Id., 3
[9]
John Stuart Mill, A System of Logic, http:// ebooks. adelaide.
edu.au /m/mill /john _ stuart/system_of_logic/index.html; accessed 5
Aug. 2011
[10]
Id., 7
[11]
Cf Ruggero J. Aldisert, Logic for Lawyer, A Guide to Clear
Legal Thinking, Third, Ed., 38