Relationship between logic and law. Logic is a formal science that is responsible for studying human thought, making analysis of the elements that compose it, and that, in such a way, make reasoning itself possible. Reasoning that allows man to access the truth of the facts, thus obtaining real knowledge.
With logic, human thought acquires an ordering character, which makes it possible to create coherent relationships between concepts and ideas, a character that has turned this branch of philosophy into an antecedent of multiple disciplines and sciences of our time.
This is the case of law, a discipline that is responsible for administering a set of laws and norms aimed at establishing order in society, making possible civil relations based on a just and balanced life. There must be, in turn, an entity capable of applying and verifying these regulations in all societies.
What is the relationship between logic and law? Next, we will outline these two concepts, to understand how they can be correlated, generating a new concept, which we can know in the next sections.
The logic of law
Logic has been a slope on many sciences and disciplines today very important in our society. Law has not been the exception in this case, being one of the agents most influenced, in fact, by logic. It is not for less, because logic is the basis that has allowed the human being to elaborate such complex formal sciences.
We can say that logic is a human principle, which operates in all activities that converge in society. Thanks to logic, it is possible to order elements that allow us to execute multiple disciplines and / or sciences, because we are able to reason efficiently and significantly homogeneously.
The study of logic has as its material object human thought, paying special attention to the way in which it operates, shaped by processes such as inference, deduction, demonstration, etc. When we have defined logic as a formal science, we express, conceptually, that it is a science that uses reason a priori for its analyses.
Although its application does not serve today in an explicit way in the exercise of multiple disciplines such as psychology, mathematics and law itself, it can be evidenced with simple analyses such as the one we are about to do between logic and law itself.
How is logic and law related?
When we define law, we observe, in principle, the existence of a repertoire of rules and laws which, in turn, must be applied in certain cases. This, in order to regulate human behavior in society, guaranteeing the order of it, and in this way, an orderly and dignified life for all its members.
The application of these laws merits intellectual processes of reasoning, where it is possible to execute all legal instruments in a rational and uniform manner. Intellectual processes that must cover all legal transactions from beginning to end, allowing the right to be exercised correctly.
There is, then, in law, the constant exercise of logic. This allows people to make use of all legal resources in a rational way, being able to reach a coherent and effective conclusion regarding the use of the laws themselves.
Logic represents an organizing principle for law, which facilitates the application of laws and norms to an entire society by men themselves. Remember that in law there are institutions that will be responsible for operating as controllers, which requires, in this sense, the use of logic.
However It is not, ultimately, these institutions that regulate essentially. It’s the logic, The one that is responsible for regulating the way in which we interpret these laws and execute them. All this is possible, thanks to logic, precisely, to legal logic,
The logic of law
Also called legal logic, it is a part of logic that is responsible for analyzing, with a formal approach (a priori), the way in which the reasoning of the jurist operates. In other words, it analyzes the logic present in legal processes, emphasizing all the mental operations present in these procedures: definitions, judgments and concepts.
Legal logic does not function as a science from law, but from formal logic respectively. In this sense, his methodology comes from formal logic, making use of reason and not of experience as a mechanism for the analysis of his object of study.
It is true that in legal logic the symbolic language from law is used, which facilitates the elaboration of paradigms based on legal knowledge. For this reason, it is not correct to conceive of legal logic as a branch derived from law.
The function of legal logic is to systematize the norms and laws contemplated in the law, in order to obtain logical rules that allow formalizing the application of the law. It is intended that these rules can be an intuitive and reflective tool for legal regulations, thus achieving a completely logical exercise of this branch.
A tool for legal reasoning
While legal logic is not a legitimately recognized science as a science, it allows us to understand how logic and law are to be correlated. With this, understand the relationship that arises between logic towards law and its correct application.
We can express, with the exposition of the above, that logic serves once again as an organizing and catalytic element, in this case, of legal reasoning, being the essential mechanism to be able to reach reasonable thoughts in legal scenarios.
Relating law and logic may seem a complex task at first glance. However, we have observed that there is a very visible and coherent relationship between these two elements. This, in this sense, is the relationship between logic and law.
Read also: Relationship between logic and law
- Relationship between logic and language
- Relationship between logic and reasoning
- Relationship between logic and psychology
- Relationship between logic and science
- Relationship between logic and mathematics
- Relationship Between Logic and Philosophy
- Relationship Between Logic and Critical Thinking
External resource: Wikipedia