Practice question · Put in order
Arrange the operations by which a court applies a norm to a case, in order.
- State the decision and the reasons supporting it
- Subsume the proved facts under the interpreted norm
- Select the norm that governs those facts
- Establish which facts are proved
- Interpret the norm to fix what it covers
Hints
- Nothing can be selected before it is known what happened.
- Subsumption comes after both premises are settled.
Show the answer
- Establish which facts are proved
- Select the norm that governs those facts
- Interpret the norm to fix what it covers
- Subsume the proved facts under the interpreted norm
- State the decision and the reasons supporting it
Why
The syllogism is usually presented as though the premises were given and only the conclusion had to be drawn. In practice the premises are the entire difficulty: the facts have to be proved to a standard, and the norm has to be interpreted and shown to reach them. The conclusion, once both are settled, is generally the easy part.
Practise Interpretation and Application
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