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CACHO, Klenzene O.

Legal Technique and Logic

1. Objects of Logic:
a.

Material Object
Refers to the content of the mind known as the thought. Everything that the mind grasps whether sensible or intelligible is
connected to the material object of logic.
b. Formal Object
Refers to the correctness of the thought. The mind in its desire to study the correctness of the thought ultimately will succumb to
the scrupulous study of logical analysis.

2. Pierre de la Ramee
Criticized the nature of Aristotelian
logic
3 fold activities of the mind
Mental Operations/ Acts of the
mind

Types of SA
Incomplex Apprehension
Complex Apprehension

Activities of the Human Mind


Refers to the operations of mind which
we grasp the meaning of term

Incomplex Apprehension
Uncompounded notions
Verbally expressed by one word

3 Operations of the Human Mind


Simple Apprehension
Judgement
Reasoning

Complex Apprehension
Represent notions implied by group of
words collectively

Mental Operations
Simple Apprehension
Judgement
Reasoning
Mental Product
Concept (SA)
Mental Enunciation (J)
Argument (R)
External Sign
Term (SA)
Proposition (J)
Syllogism (R)
Simple Apprehension
Latin: prehendere - to seize
First operation of the mind

Mentally grasp things without affirming


or denying anything about it

Error in SA (Indistinctiveness)
Arise due to imperfections of our
faculties
Limited knowledge of objects
Objects of SA
Material Object
Formal Object
Material Object
Whole thing know by SA
Thing as itself & w/ all its attributes
Formal Object
Essences or quiddities of things
Known about MO through use of some
faculty
SA grasp only what a thing is

3. Logic as the art of art.


-

Art deals with basic skill, as in making a chair or table, or in a much more complex manner, erecting a building or painting a scenery.
If arts concern skills, then logic is an art since it deals with correct use of inferential thinking by following the rules and principles that
go with it.

4. Logic as science.
If science is understood to be the systematized body of knowledge, then logic is the science of science since it presents some
principles which are necessary for the attainment of correct and valid inferences in a systematic way.
5. Define:
a.

Simple Apprehension:
the act by which the intellect knows an essence (what a thing is), and produces a concept.
The grasp of a concept.

b.

Concept:
Also called an idea, a species, an intelligible form, and a mental word. Starts with an outside reality and apprehended by the
senses.
The representation of an object by the intellect through which man understands or comprehends a thing.

c.

Essential Features
Those which alone enable the proposition to express its sense

d.

Accidental Features
Features which are due to a particular way of producing the propositional sign

5. Different classifications of concept:


a.

b.

c.

d.

First Intention
We understand what the thing is according to what it is in reality.
Ex: A dog is an animal.
Second Intention
We understand not only what the thing is according to what it is in reality but also how it is in the mind.
Ex: Monte Vista (Mountain View) is the name of my subdivision
Concrete Concept
Expresses a form and a subject
Ex: the flower rose
Abstract Concept
Has a form only, has intangible quality, that which cannot be perceived by the senses
Ex: beauty in a woman
Absolute Concept
Signifies the meaning of a concept, all definitions are absolute concepts
Ex: a triangle is a 3 sided figure
Connotative Concept
Signifies a characteristic existing in the concept, all modifiers are connotative concepts..
Ex: drummer boy
Positive Concepts
Signifies the existence or possession of something
Ex: happy
Negative Concept
Signifies the absence of something
Ex: sad

6. Term
-

The external representation of a concept and the ultimate structural element of a proposition.
External representation means it is always a sign of concept or an idea.
Ultimate structural element means it could either be the subject or predicate of a proposition.

7. 2 different classifications of term


a.

Univocal
If they mean exactly the same thing in the last two occurrences.

Ex: Man is rational.


Get that man!

b.

Equivocal
If they have different meanings in at least 2 occurrences.
Ex: Man the lifeboat!
The son of man.

c.

Analogous
If they have partly the same and partly different meanings in at least two occurrences.
Kinds:
1. Intrinsic analogy used in technical terms and definitions
2. Extrinsic analogy used as a metaphor
- Example: the heart of the forest.
3. Analogy of Proportionality when the terms use are similar
- Example: the stepmother is cruel
4. Analogy of Attribution attribute the term to its denotation
- Example: I am drinking coke.