Onto-Logic of Law

DOI

10.2991/assehr.k.201205.007How to use a DOI?

Keywords

law, logic, legal consciousness, legal culture, legal concept, legal impact

Abstract

The article discusses the logical problems of law from the ontological point of view. The ontological criterion classifies views on the relationship between law and logic, which distinguish three basic concepts. According to the first concept, a philosophical one, law is logic translated into natural language, and logical ontology is the only ontology of law. The supporters of another concept, socio-legal one, reject the idea of the logical ontology of law as the only one, arguing in favor of a broad understanding of the law and narrowing the sphere of logical analysis of law. The third concept, peculiar one, relies on the idea that the right has its own logic, which acts as its ontological basis. The authors consider the logical problems of the legal impact system in the context of these concepts. They argue that positive law is not a formal system in the strict sense which prevents the widespread use of logical means in its study. The article considers the logical paradoxes of legal impact, showing the impact of basic attitudes and stereotypes of legal consciousness and legal culture on positive law. It concludes that the ideas and beliefs underlying the dominant models of legal culture and legal consciousness influence lawmaking through conceptual dynamics: socio-cultural accents of understanding legal phenomena and processes often penetrate into the field of positive law (while maintaining the unity of terminology), violating the principle of logical consistency. The authors conclude that logic is not an ontological principle of law (since legal ontology is defined by the characteristics of the original social order modeled in legal regulations), and, moreover, the system of law has not developed an independent type of logic.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - L. N. Berg
AU  - V. O. Puchkov
PY  - 2020
DA  - 2020/12/07
TI  - Onto-Logic of Law
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 38
EP  - 43
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.007
DO  - 10.2991/assehr.k.201205.007
ID  - Berg2020
ER  -