The systematization of law in terms of the validity
Hajime Yoshino · 2011
In legal praxis, it is important to decide what legal relations exist in a legal problem-event on the one hand and to decide what legal rules are applicable to decide it in terms of the validation by contract through constitution or convention on the other hand. These dimensions are strongly related with each other. This paper clarifies the logical structure of a legal system to decide the above two dimension in unified reasoning in terms of the validity of legal sentences. It provides a logical model of reasoning the validity of legal sentences for a unified legal reasoning system, in which legal relations according to the time progress of legal problem-events are decided and at the same time the applicability of relevant legal rules to decide them is decided. We demonstrate the legitimacy and efficiency of this model by applying it to concrete examples and showing how legal meta-sentences and legal meta-inference work in this model.