Based on the forms and laws of thought, the logical method includes ways and means of studying and explaining. Can be applied and applied to the study of a variety of disciplines. The logical method in dialectics coincides with the materialistic method in the theory of knowledge, and the formal one, for example, is a special method in the development of legal reality and many other areas of knowledge.
Right
Due to its special features and capabilities, legal ground is the most favorable for the application and use of logic. Since a formally defined, consistent and strictly fixed system is observed here, including a mass of definitions of the legislative plan that meet the rules for establishing concepts (through the closest genus, specific difference, genetic definition, through the description of indications, and so on), the logical method fully manifests itself in the field of law. Every law of logic is contradictions andidentity, sufficient reason, excluded middle - reflects the main features of this method. The main processes and procedures (primarily law enforcement and law-making processes) are built strictly according to the forms of thinking - the rules for operating with inferences, judgments, concepts.
The logical method is applied already at the stage of main definitions: a legal norm is a judgment that meets all the requirements of a judgment in general, and the application of law to a situation or a specific person is a syllogism, that is, a deductive conclusion, where the legal norm is the main premise given to considering the case - the premise is lesser, and the decision in this case is the conclusion. Since ancient times, analogies, methods of proof and logical operations have been in the arsenal of jurisprudence. It is simply necessary to use the logical method of research in the study and explanation of law. This is the only way to avoid contradictions in the legislative building of an effective system of law, where the positive (existing) law is consistent with all the requirements of natural law, and also to be able to correctly apply legal norms.
Common Boolean Methods: Analysis
Among the logical methods of cognition of processes, phenomena, objects of the objective world, there are synthesis, analysis, idealization, abstraction, deduction, generalization, analogy, induction, modeling, extrapolation and hypothesis.
The logical method of research (knowledge) begins with analysis, that is, with a schedule, analysis, dismembermentobject under study. This technique consists in a mental or practical analysis of the composition of elements - features, properties, structural parts, after which each element is subject to a separate study as part of the whole. The analysis has various types, depending on the specifics of the object that is being studied. Modern science adopts system analysis - an approach to the object under study as an organized system, where the elements are inextricably and organically interconnected and influence each other.
Methods of logical analysis include a methodological approach to the fruits of cognitive activity, that is, the study of people's knowledge, all its forms and types, and knowledge is expressed in natural and artificial means of language, based on the laws of logic. For example, studying society as an integral system, system analysis divides it into aspects of political, economic, moral, legal, and the like, where each aspect of social life and consciousness is studied separately. The logical method of cognition through analysis reveals structural elements - types, types, levels of knowledge, designed by a certain text. Further, their correlation, falsity or truth of statements is established, the conceptual apparatus that implements knowledge is specified, the validity, consistency and proof of this knowledge are established.
Synthesis
Synthesis is an integral part of the research, without which the structural-logical method is impossible. Through synthesis, all existing knowledge is combined into something whole. Atlawyers, these are laws and laws formulated on the basis of personal research, all the postulates of the general theory of state and law, as well as special intersectoral and sectoral theories of law.
A real-minded person always uses logical methods, and analysis and synthesis are always interconnected. Here we can note the analytical and at the same time synthetic nature of the thinking of a good lawyer - a prosecutor, lawyer, judge, investigator. The professional activity, for example, of a judge necessarily provides for the analysis of all the materials that are submitted to the court, and then, on the basis of studies of what has been read and listened to, he draws up a mental integral picture of the case. Thus, the interdependence of analysis and synthesis aids the accurate and impartial conduct of litigation.
Abstraction
General scientific logical methods can be supplemented with abstraction (abstraction), which is a process of mental abstraction from certain general or individual properties, relationships, features of the subject being studied, since at the moment the particulars are not of interest. Aristotle - the ancestor of this concept - interpreted abstraction as a process of separating everything accidental and secondary from the general and main. Now this term is used much more widely. This is a scientific-logical method in both everyday and scientific knowledge, which is both an algorithm and an order to the abstraction procedure according to the rules of abstraction, this is the construction of abstract objects in scientific knowledge. The essence of this methodnot as simple as it seems. First of all, it is necessary, again, a detailed study of a real object, phenomenon or process, isolating various qualities, signs, properties in it, after which everything secondary is swept aside.
This learning process is also the result. That is, the research process is in the study of phenomena and objects, and the goal is to identify specific characteristics. The result is the obtained knowledge in categories, concepts, ideas, judgments, theories, laws. For example, logic can abstract from not so important individual characteristics if it studies the way of thinking of a particular person, and takes into account the general, inherent in all subjects. For a lawyer, for example, thinking is regulated by legal norms, so he is abstracted from all kinds of manifestations of relations on the part of society, and studies primarily legal relations, that is, only what is sanctioned and regulated by law.
Idealization
This kind of abstraction helps create perfect objects. The concept of an idealized object differs from other concepts in that, along with the real features of the object, it also reflects those that are far from real properties, and in their pure form are not present in the objects under study at all. The idealization method in modern sciences creates theoretical objects that help build reasoning and draw conclusions related to real-life objects. This term is used in two senses - as a process and as a result, which is also very similar toanalysis method. The first meaning of idealization is understood as a mentally created idealized object when forming idealized assumptions, that is, the conditions under which a really existing object can be described and explained.
As a result of this process, idealized concepts and laws appear, which are called logical constructs. As an example of an idealized object, one can cite the concept of the rule of law. The concept exists, but the rule of law in the form in which it is commonly understood does not yet exist. However, lawyers can, using this concept, build reasoning and draw conclusions about the activities of certain real-life entities, for example, states, on the grounds that a constitutional state is inherent in: fundamental human rights are constitutionally and legislatively enshrined, laws dominate state and public life, personality legally protected and so on.
Generalization, induction and deduction
It is in the process of generalization that the corresponding hypotheses, theories and concepts are formed. This method in legal knowledge can exist in the form of a generalization based on the analysis of professional experience in specific cases, in the form of creating a theory of law by theoretical generalization of practical construction and implementation of legal activities, in the form of generalization of sectoral empirical theories of law.
Induction and deduction are logical methods of knowledge used in finding conclusions from the source data. Both methods are naturally interrelated: deduction helps to draw conclusions fromtheoretical ideas, laws, principles, since it is associated with building an idealized object, and induction generalizes empirical patterns. Knowledge that is obtained through induction is just a prerequisite for the emergence of new knowledge - demonstrative, which is already becoming a justification for partial theoretical truths.
Analogy, extrapolation
Analogy is one of the most effective methods of the cognitive process. With his help, great discoveries in science were made. Its essence is that certain properties and features are transferred from one subject of research to another, in the same way relations and connections between one and another sets of objects are transferred.
Extrapolation is a kind of induction, generalization and analogy, this method is very widely used in almost all sciences. Qualitative characteristics spread from one area of the subject to another, from the past to the future, from the present to the future, quantitative characteristics are transferred in the same way, some areas of knowledge are equalized with others, like the method of mathematical induction, for example. Most often, the extrapolation method is used for forecasting purposes, justifying the transfer of knowledge to other subject areas. For lawyers, this is the analogy of law and the analogy of law.
Modeling, hypothesis
Modeling in modern science is used very actively to find ways to obtain the latest scientific results. The essence of this method lies in the construction of a particular model that exploressocial or natural objects. It is customary to understand a lot by a model, it can be: an analog, a method, a type, a system, a theory, a picture of the world, an interpretation, an algorithm, and much more. If it is impossible to study the object directly, then the model acts instead as an imitation of the original. For example, an investigative experiment.
And a hypothesis (assumption) as a method is used in the meaning of problematic knowledge or an idea that allows you to combine a body of knowledge into their system. Legal activity uses a hypothesis in all its meanings: an assumption is made about the actual data of a certain subject, phenomenon or process, about the causes of problems and predicting the future. The same data can become material for several hypotheses, the so-called versions. This method is also used for forensic investigation.
Formal-logical method
Knowledge about the laws of inference from proven truths helps to obtain formal logic. Previously established truths, which are the basis of the conclusion, do not require an appeal to experience in each specific case, since knowledge is obtained using the rules and laws of thinking. Logical methods of scientific research include traditional and mathematical logic.
The first one uses analysis, synthesis, induction, deduction, abstraction, concretization, analogy and comparison to obtain new conclusions. And mathematical, also called symbolic, logic applies more rigorous methods used in mathematics to problems of formal logic. A special formula language candescribe the structure of evidence logically and adequately and build a rigorous and accurate theory, using the description of judgments in their extension - the description of inferences.
Historical method
Very different methods of research are used to build theoretical knowledge about developing and complex objects that cannot be reproduced through experience. For example, the universe. How to see its formation, the origin of species and the emergence of man? Historical and logical methods of knowledge will help here. The historical is able to penetrate the real history with the variety of its specifics, to identify historical facts and mentally recreate the historical process, revealing the logical pattern of development.
Logical reveals patterns in a different way. He does not need to directly consider the course of real history, he reveals objective reality by studying the historical process at the highest stages of development, where he reproduces in a concise form the structure and functioning of historical evolution in the most basic terms. This method is good in biology, where phylogenesis is repeated in ontogeny. Both historical and logical methods exist as methods of building purely theoretical knowledge.
