Logic Analyses Of The Law-Applying Process

There are 5 parts consisted in this paper:I .Defining the problem. Firstly, two important concepts------judicialreasoning and the explanation of law ------are introduced. After that,law-applying process is examined by way of syllogistic argument. Hence, the work of this paper is determined: to analyze the law-applying process on 3 phrases (cognizanting of the facts, interpreting of law and making judicial judgment; to define the mission of Logic concerning the difficulties of AI in Law System, and therefore to introduce my understanding of the main task of logic in 21st Century: problematic reasoning.II .based on the facts------the cognition of the facts. This partanalyzes the cognition of facts on three phrases: case learning, relative proofs studying and law facts examining by way of regressive reasoning and probability analysis.DlJudged by law------ the interpretation of law. This part analyzes theorder of the methods of the interpretation in view of semantic/pragmatic division and points out that the clearness of context is the key. Based on the examination of intention and extensionof a concept, this part also explains that law concepts can be classed as closed and open definition, and the open ones are what caused the obscurity of laws basic principles, therefore, the method of backing to upper concept is limited.IV .the ending of law-applying-------judicial judgment. This part depictsthe three structures of judicial judgment: simple subordination, complex subordination and dialogue and selective proving mode, finally, gives the former two structures formally.V. The difficulties of AI in Law System. This part makes it clear that the difficulties of AI in law system all happen in the phrase of law applying, calls on those who specialized in Logic pay attention to these problems, and then directs the way of solving. Looking back the development of Modern Logic in 20th Century, we predict, problematic reasoning, which is urgently needed in AI, may define the mission of Logic in 21st Century.