Legal classification and judicial syllogism
Particularly in criminal matters, the judicial errors register an alarming increase, so much so that it not only affects the destiny of the wrongfully sentenced or the groups that they belong to, but also the destiny of the entire society. A cause of this situation resides, from what it seems, in th...
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| Format: | Article |
| Language: | English |
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Bucharest University of Economic Studies
2018-10-01
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| Series: | Juridical Tribune |
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| Online Access: | http://www.tribunajuridica.eu/arhiva/An8vS/11.%20Mioara-Ketty%20Guiu.pdf |
| _version_ | 1797219079586578432 |
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| author | Mioara-Ketty Guiu |
| author_facet | Mioara-Ketty Guiu |
| author_sort | Mioara-Ketty Guiu |
| collection | DOAJ |
| description | Particularly in criminal matters, the judicial errors register an alarming increase, so much so that it not only affects the destiny of the wrongfully sentenced or the groups that they belong to, but also the destiny of the entire society. A cause of this situation resides, from what it seems, in the lack of thorough legal studies with regards to the logical operations which should stand at the base of the decision that an actual act does constitute a certain
offence, with a well specified “classification” or “qualification”. The present paper tries to actuate debates on the matter, which has been wrongfully neglected. With this purpose, the author begins from a rather old idea, but insufficiently known, and that is that any court sentence is the result of two types of judicial syllogisms: qualificative and decisional. Elaborating this idea, the author observes a series of other aspects, such as: the fact that, in
criminal matters, the qualificative syllogisms serve to establish the legal classification, while the decisional syllogisms serve to establish the sentence; the fact that, in criminal qualificative syllogisms, the subject is always the actual act, and the predicate is a criminal concept (the notion of an offence); the fact that the legal classification is not an “operation”, as is claimed by many authors, but a conclusion, specifically to a qualificative syllogism etc. |
| first_indexed | 2024-04-24T12:27:57Z |
| format | Article |
| id | doaj.art-db065229a37e46d4b8f4f10e7a856290 |
| institution | Directory Open Access Journal |
| issn | 2247-7195 2248-0382 |
| language | English |
| last_indexed | 2024-04-24T12:27:57Z |
| publishDate | 2018-10-01 |
| publisher | Bucharest University of Economic Studies |
| record_format | Article |
| series | Juridical Tribune |
| spelling | doaj.art-db065229a37e46d4b8f4f10e7a8562902024-04-08T07:42:59ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822018-10-018Special139147Legal classification and judicial syllogismMioara-Ketty Guiu0 the “Acad. Andrei Radulescu” Legal Research Institute of the Romanian AcademyParticularly in criminal matters, the judicial errors register an alarming increase, so much so that it not only affects the destiny of the wrongfully sentenced or the groups that they belong to, but also the destiny of the entire society. A cause of this situation resides, from what it seems, in the lack of thorough legal studies with regards to the logical operations which should stand at the base of the decision that an actual act does constitute a certain offence, with a well specified “classification” or “qualification”. The present paper tries to actuate debates on the matter, which has been wrongfully neglected. With this purpose, the author begins from a rather old idea, but insufficiently known, and that is that any court sentence is the result of two types of judicial syllogisms: qualificative and decisional. Elaborating this idea, the author observes a series of other aspects, such as: the fact that, in criminal matters, the qualificative syllogisms serve to establish the legal classification, while the decisional syllogisms serve to establish the sentence; the fact that, in criminal qualificative syllogisms, the subject is always the actual act, and the predicate is a criminal concept (the notion of an offence); the fact that the legal classification is not an “operation”, as is claimed by many authors, but a conclusion, specifically to a qualificative syllogism etc.http://www.tribunajuridica.eu/arhiva/An8vS/11.%20Mioara-Ketty%20Guiu.pdfactual actact-speciesconceptsyllogismjudicial error |
| spellingShingle | Mioara-Ketty Guiu Legal classification and judicial syllogism Juridical Tribune actual act act-species concept syllogism judicial error |
| title | Legal classification and judicial syllogism |
| title_full | Legal classification and judicial syllogism |
| title_fullStr | Legal classification and judicial syllogism |
| title_full_unstemmed | Legal classification and judicial syllogism |
| title_short | Legal classification and judicial syllogism |
| title_sort | legal classification and judicial syllogism |
| topic | actual act act-species concept syllogism judicial error |
| url | http://www.tribunajuridica.eu/arhiva/An8vS/11.%20Mioara-Ketty%20Guiu.pdf |
| work_keys_str_mv | AT mioarakettyguiu legalclassificationandjudicialsyllogism |