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These flashcards cover key concepts from the lecture on definition, its purposes, parts, types, rules, and the logical methods of deduction, induction, intuition, and authority.
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Why is mastery of words considered central to a lawyer’s craft?
Because effective legal advocacy, drafting, and argumentation all rely on using words to communicate ideas clearly and persuasively to courts, clients, and third parties.
What is a "definition" in the context of logic and philosophy?
A statement or explanation that describes the meaning of a word or phrase, clarifying its essential nature or distinguishing features within a specific context.
Purpose of definition: What function does it serve in preventing miscommunication?
It provides clarity, ensuring that everyone shares a common understanding of a term.
Purpose of definition: How does it help stakeholders establish a shared taxonomy?
By creating common terms and meanings, definitions ensure all parties operate with the same conceptual framework, avoiding discordant interpretations.
Purpose of definition: How does it facilitate learning?
Definitions break down complex ideas into concise elements, making it easier to recall legal elements or pull elements from remembered definitions.
Purpose of definition: Why is it useful across different academic or professional fields?
Definitions enable precise application of concepts, clarifying differences in meaning across disciplines (e.g., assault in criminal law vs. torts).
Purpose of definition: What two linguistic problems do definitions mitigate?
They reduce vagueness (unclear boundaries of meaning) and eliminate ambiguity (multiple reasonable interpretations).
What is the difference between vagueness and ambiguity?
Ambiguity exists when a term has two or more distinct meanings (e.g., "bank"), whereas vagueness occurs when the boundaries of a term’s meaning are unclear (e.g., "tall").
In a definition, what is the "definiendum"?
The word or term that is being defined.
In a definition, what is the "definiens"?
The phrase or set of words that explains the definiendum.
What is a stipulative definition?
A definition assigned to a brand-new term (or a new meaning for an existing term) introduced by its creator, with complete freedom over its meaning.
What is a lexical definition?
A dictionary-style definition reporting the established, common usage of a term, aimed at eliminating ambiguity or expanding vocabulary.
What is a precising definition?
A definition that makes a vague or ambiguous term more precise to avoid confusion and erroneous inferences.
What is a theoretical definition?
A definition that frames a concept within a specific theoretical context, outlining assumptions, principles, and implications (e.g., defining "justice" within legal positivism).
What is a persuasive definition?
A definition crafted to influence attitudes or emotions, often using figurative language and not reflecting the term’s literal meaning.
Rule of definition: Why should ordinary words generally not be re-defined?
Because redefining them can create confusion; definitions should avoid unnecessary repetition and conflict with accepted usage.
Rule of definition: What is wrong with circular definitions?
They use the term being defined within the definition itself, offering no explanatory value (e.g., "A celibate is a person in a state of celibacy").
Rule of definition: What does ‘non-arbitrariness’ require?
Definitions must be grounded in rationale and include important characteristics, avoiding capricious or baseless explanations.
Rule of definition: How should audience be considered?
Definitions must be tailored to the audience’s knowledge level, ensuring clarity without unnecessary complexity.
Define deduction in logic.
A top-down reasoning process deriving a specific conclusion from general premises; if the premises are true, the conclusion must also be true.
Provide an example of deductive reasoning from the notes.
Premise: All dogs have ears. Premise: Golden retrievers are dogs. Conclusion: Therefore, golden retrievers have ears.
Define induction in logic.
A bottom-up reasoning process that draws generalizations from specific observations, yielding probabilistic (not certain) conclusions.
Classic example of inductive reasoning given in the lecture?
Observing that the sun has risen every day and inferring that it will rise tomorrow.
What role does intuition play in logical thought?
It allows immediate grasp of truths without explicit reasoning; however, intuitive claims need verification through further evidence.
Why is exclusive reliance on authority considered risky in logic?
Because accepting claims solely on reputation can commit the fallacy of appeal to authority; the authority’s competence, access to facts, and bias must be evaluated.
List four conditions that must be met to accept an argument from authority as probably true.
(1) The authority is competent in the field; (2) has access to the relevant facts; (3) is unbiased; (4) testimony aligns with other facts and testimonies.
How does deduction guarantee truth preservation?
If the deductive premises are true and the argument form is valid, the conclusion cannot be false.
Why is induction always probabilistic?
Because it extends from limited observations to broader claims, leaving open the possibility that future instances may contradict the conclusion.
Give one rule of definition related to ambiguity.
A definition must avoid ambiguous, figurative, or obscure language to prevent multiple interpretations.
Explain the importance of "context awareness" in creating definitions.
Because meanings can vary across fields, definitions must consider disciplinary context to remain accurate and useful.
How can definitions "increase vocabulary" for legal professionals?
By introducing precise terms and nuanced distinctions, enabling lawyers to communicate complex ideas more effectively.
What is the primary communicative goal of persuasive definitions?
To shape the audience’s attitudes or emotions toward a concept rather than to convey its literal meaning accurately.
Why is the definition of Fundamental Human Rights in Nigeria tied to Chapter 4 of the Constitution?
Because only rights listed in Chapter 4 are enforceable under the Fundamental Rights Enforcement Procedure (FREP) Rules, creating a common taxonomy for legal claims.
Which purpose of definition helps reduce uncertainty caused by unclear criteria?
Reducing vagueness.
What is the main difference in the term "assault" between criminal law and tort law?
In criminal law, assault may include battery, while in tort law assault is only the threat of battery and battery is the actual physical contact.