The Plight Of The Construction Of The Legal Syllogism

The syllogism is divided into three parts, that are, two premises and one conclusion. The syllogism that we now usually states has much difference with the Aristotle's syllogism which have difference between complete and incomplete. The complete syllogism is an axiom, but not a reference, but the incomplete is not, and the using of the legal syllogism in teaching and law examination are determined, which can not expand the area of our knowledge, but the judicial and the social practice which premises are not identified have more complex than it. Then, people need to construct the premises, and it related to the understanding and interpretation of the facts of the society and the law, but the understanding and interpretation need the guide of the method that can not guarantee to achieve the truth. Moreover, the choice of method is based on the results of law, and the results are similar to the pre-understanding for such results are a pre-referee. And then, everyone's pre-understanding might be so different that people could have different understanding for things, then the unity of law will be undermined. So, we must analyze the structure of the pre-understanding, which does not make the understanding different or not different, because the structure of pre-understanding has its common place. Meanwhile, the understanding means universal of the cycle of understanding, and it results in the cycle of construction of the premises and the analogy between facts with law. In the process of the cycle of the construction of premises which the laws and regulations are specialized and the facts are abstracted .Then we have a type that the significant common core of the law and the facts. The core is the essence of things, the core exists, thus, we can get the premises of the legal syllogism and the judgment. So, the wrong judgments are not resulted from the legal syllogism but the process of construction of the premises. So the most difficult and significant of the legal syllogism are the construction of the premises, and then, the categorization, deduction and analogy are taken to construct the premises.