A System of Legal Logic: Using Aristotle, Ayn Rand, and Analytical Philosophy to Understand the Law, Interpret Cases, and Win in Litigation
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About this ebook
This paper provides a new system of logic, including philosophical principles and logical notation, based on the work in logic done by Aristotle and later by Ayn Rand but also with a nod to modern Analytical philosophy, which is extremely useful to lawyers for analyzing facts to determine whether they satisfy the elements of a claim, as well as organizing arguments to a jury and presenting evidence. A libertarian politics emerges from the system of logic as a byproduct of the logical analysis of the intersection of law, politics, and philosophy.
Required reading for lawyers and citizens who want to understand the law and how and why it impacts them.
Russell Hasan
Russell Hasan was born the son of a white Jewish mother and a dark-skinned Muslim father—and that isn't the strangest thing about him. His father had ties to the mafia—nope, not the weirdest thing about him. He thought he was a gay man for many years before realizing he is agender asexual—relatively normal compared to what truly makes him strange. Do you want to know what the weirdest, strangest thing about Russell is? He's a WRITER. Yes, that's right. He writes. Why? How? Why would he want to do that to himself? How could he allow this to happen to himself? He is still trying to figure that one out. Therapy can cure lots of things and alcohol and drugs can cure other things, but the only cure for being a writer is to write, so he writes. He's not into BDSM, yet for some reason he has chosen to punish himself by having a passion for writing and a need to write. Despite having made the huge mistake of choosing to be a writer, his books have sold over 10,000 copies, so perhaps it was not the worst mistake he ever made after all. He does not have one particular bestseller but has instead spread those 10,000 sales across many books he wrote. His magical journey of self-torture begins when he has the idea for a new book, and then continues when he wakes up at 6am to write from 6am to 8am before work every day (he has a day job—he's not insane! His day job is being a lawyer, the most boring, evil job in the world, by the way), and, after many cups of Starbucks matcha tea and Coca Cola (never Pepsi—yuck!) he somehow puts words onto a page. He has written 30 books, both nonfiction and fiction, but, as something of a twist on the traditional successful indie author model, he is known more for his indie nonfiction, not his fiction. But he does write fiction. Some of his fiction is good too, probably, he hopes.
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A System of Legal Logic - Russell Hasan
A System of Legal Logic: Using Aristotle, Ayn Rand, and Analytical Philosophy to Understand the Law, Interpret Cases, and Win in Litigation
Russell Hasan
Copyright © 2019 Russell Hasan
All rights reserved.
Dedication:
Dedicated to every soldier who gave their life to fight for the United States of America.
Acknowledgements:
I would like to thank my professors at Vassar College and the University of Connecticut School of Law, as well as all the philosophers whose work inspired this book.
Contents
Title Page
Copyright
Dedication
Introduction
Part I
Part II
Part III
Part IV
Part V
Part VI
Part VII
Legal Aphorisms
About The Author
Introduction
This paper begins with a glossary of philosophical terms and then applies them to construct a system of legal logic. The system of legal logic presented herein will go a good way towards introducing much-needed clarity and precision in how lawyers and judges think about the law. To the extent that everyone is governed by a legal system, it is also good reading for everyone (although a high intelligence and knowledge of the law, and a background in philosophy, may be required to grasp the academic legal details).
Part I
T: a Thing, a set of properties, can also stand for one isolated property.
X: an X, a T as the object of analysis.
p(T): a perceived T. The object.
P(T): a perception of T. The means of perception.
W(T): a witness of T. The subject.
e(X): the essence of X, the property from which X derives ontological being as X, what makes X be an X.
S: specific properties nonessential relative to an essence.
>: the arrow of inference, which indicates that the content on the left side evaluates to the content on the right side by a direct inference of reasoning.
X minus S > e(X).
R(X): a real X. An X which exists in Reality.
p(X) > X.
X = S plus e(X).
Therefore p(X) > e(X).
p(R(X)) > R(X).
E(X): the essential thing X. A T which lacks S and lacks R and has only e(X).
C(e(X)): the consequence of the essence of X. Those properties which e(X) will cause T to have.
XY: a T which has the property of being X and the property of being Y (i.e. X times Y). For example 2 x 3 is the number two having the property of being in a set of three: XX + XX + XX = 6.
The Essential Syllogism: e(X) > E(X) > C(E(X)) > C(e(X)).
The Essential Argument: if a Thing must have the essence of X in order to be an X, and having the essence of X causes a Thing to have the property Y, as a consequence of the essence of X, then all X are Y, because being X causes T to be Y, therefore each X is Y, therefore all X are Y. It is necessary and universal that all X are Y if you can establish a because
relationship between e(X) and Y.