HELL. GETMANOVA

LOGIC FOR LAWYERS

With a collection of problems

Approved by the educational and methodological association

by specialty teacher education

as a teaching aid for students

higher educational institutions,

students majoring in “Jurisprudence”

KNORUS MOSCOW 2016

UDC 16(075.8)

Reviewer

A.L. Nikiforov, ch. scientific employee of the Institute of Philosophy of the Russian Academy of Sciences, Doctor of Philosophy. sciences

Getmanova A.D.

G44 Logic for lawyers. With a collection of problems: textbook / A.D. Getmanova. - M.: KNORUS, 2016. - 340 p.

ISBN 978-5-406-04785-9 The unity and diversity of logic is revealed, the stages of the formation of logic as a science are traced. In order to develop logical thinking and apply the theory of logic in practice, there is a collection of problems containing interesting logical problems with predominantly legal content. Intended for the study of logic at law faculties and marketing departments, in law schools, law colleges, as well as for studying law in secondary schools.

For students, lawyers, teachers, students in the advanced training system and everyone interested in problems of logic and jurisprudence.

UDC 16 (075.8) BBK 87.4ya73 Getmanova Alexandra Denisovna LOGIC FOR LAWYERS. WITH A COLLECTION OF TASKS Certificate of Conformity No. ROSS RU. AE51. N 16604 dated 07/07/2014.

Ed. No. 9887. Format 6090/16.

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© Getmanova A.D., 2016 © KnoRus Publishing House LLC, 2016 ISBN 978-5-406-04785-9 Contents Preface

Chapter 1. Subject and meaning of logic 1.

1..What.the.term.“logic” means.

1.2..Forms.of.cognition

Forms of.sensory.cognition

Forms of.abstract.thinking..

Features.of.abstract.thinking..

1.3..The concept of.logical.form.and.logical.law

Concept of logical.form

Logical laws

Truth.of.thought.and.formal.correctness.of.reasoning..... 17 The importance.of.logic.in.the.work.of.a lawyer

1.4..Logic.and.language

Chapter 2. Concept 2.

1..Concept.as.a.form.of.thinking

Law.of.the.inverse.relationship.between.volumes..

2.2..Types of.concepts

2.3..Relationships.between.concepts

Types of compatibility: equivalence (identity),...

crossing,.subordination.(relationship.of.genus.and.species)...38 2.4..Definition.of.concepts..

Real.and.nominal.definitions

Rules.explicit.definition..Errors.possible..

in.definition

Implicit.definitions

Techniques.similar.to.the.definition.of.concepts

The.meaning.of.definitions.in.science.and.in.reasoning..

2.5..Division.of.concepts..Classification

Rules.for.dividing.concepts

Types of.division:.by.species-forming.character..

and.dichotomous

Classification

Using.definitions,.natural.classifications.

and.divisions.of.concepts.in.legal.theory.and.practice...............60 2.6..Limitation.and.generalization.of.concepts

3.2..Simple.judgment

Types of.simple.judgments

by.quantity.and.quality)

United.classification.of.simple.categorical..

judgments.by.quantity.and.quality

Distribution.of.terms.in.categorical.judgments...... 71 3.3..Complex.judgment.and.its.types

Ways.of.denying.simple.judgments.(statements)......... 79 Ways.of.denying.complex.judgments.(statements)....... 79 Logical.analysis.of.text

3.4... expression.of.logical.connections.in.natural.(Russian) language,.including.in.legal.texts

3.5..Relations.between.judgments.by.truth.values...... 88 3.6..Division.of.judgments.by.modality

Logical.structure of.the.question

Types of questions

Background.issues

Rules.for.posing.simple.and.complex.questions.................................. 98 Logical.structure.and.types.of.answers

Chapter 4. Laws (principles) of correct thinking 4.

1..Concept.of.logical.law

4.2..Laws.of.logic.and.their.role.in.cognition

Law of identity

Law of non-contradiction..

Law.of.the.excluded.third

Specifics.of.the.action.of.the.excluded.third..law..

in.the presence.of.“uncertainty.”in.cognition

Law.of.sufficient.reason

Chapter 5. Deductive reasoning 5.

1..General.concept.of.inference

5.2..Deductive.inferences

Special.rules.for.pieces

5.7. Conditional inferences

5.8..Disjunctive.inferences

5.9..Conditional disjunctive.(lemmatic).inferences........ 143 Dilemma

Trilemma

5.10..Abbreviated.conditional,.dividing.

and.conditionally divisive.inferences

5.11..Indirect.(indirect).conclusions

chapter 6. induction and analogy 6.

1..Inductive.inferences.and.their.types

6.2..Inductive.methods.for.establishing.causal.relationships.......... 162 6.3..Inference.by.analogy.and.its.types

Strict.analogy..

Loose.analogy

False.analogy

Analogy.in.legal.law.and.analogy.in.law........................ 171.

Chapter 7. Logical foundations of the theory of argumentation 7.

1..Argumentation.and.proof.(logical)

7.2.. Refutation. (logical)

7.3..Logical.errors

7.4..The concept.of.sophisms.and.logical.paradoxes

Concept.of.logical.paradoxes

7.5..The art.of.discussion

7.6..Proof.and.evidence.in.civil.procedure....... 187 chapter 8. hypothesis. Construction of versions in legal practice 8.1..Hypothesis.as.a.form.of.development.knowledge

8.2..Construction.of.a hypothesis.(versions).and.stages.of.its.development............... 195 8.3..Ways.to.confirm.hypotheses.(versions)

8.4..Refutation of.hypotheses.(versions)

Chapter 9. unity and diversity of logic 9.

1..Development.of.logic:.main.stages

9.2..Classical.logic:.calculus.of.statements (propositional.logic)

9.3..Intuitionistic.logic

9.4..Constructive.logic

9.5..Multivalued.logics

9.6 Paraconsistent logics

Collection of problems for lawyers Subject.and.meaning.of.logic

Judgment

Laws.(principles).of.correct.thinking

Deductive.inference

Induction.and.analogy

Methods for.establishing.causal.relationships

Inferences.by.analogy

Logical.foundations.of.theory.of.argumentation..

Hypothesis..Construction.of.versions.in.legal.practice...................288 questions and tasks for repetition

literature

Applications Appendix 1. Solving some problems in classical logic

Relationships.between.concepts

Definition.of.concepts..

Simple.judgments

Complex.judgments

Logical.analysis.of.text

Inferences

Logical.basis.of.theory.of.argumentation

Appendix 2. Fun tasks

Appendix 3. Eysenck's test

Appendix 4. non-traditional logic problems

PREFACE Logic - the science of the laws and forms of correct thinking - originated in connection with rhetoric (the study of eloquence) in Ancient Greece and Ancient India, where competitions of orators with a large crowd of spectators were very popular.

Nowadays, disputes (debates, discussions) take place differently in form, but in essence and content they are many times more acute.

People in everything historical periods strive to obtain true knowledge. Truth and logic are interconnected, so the importance of logic cannot be overestimated - it helps to prove true judgments and refute false ones, teaches you to think clearly, concisely, and correctly. Logical thinking is not innate, therefore it can and should be developed in various ways (methods). Systematic study of the science of logic is one of the most effective ways to develop logical abstract thinking. Logic is needed by all people, workers both intellectual and physical labor: teachers will not be able to effectively develop students' thinking without mastering logic; lawyers build their accusations or defenses in accordance with the rules of logic.

Logic is closely interconnected with jurisprudence and jurisprudence. The textbook on jurisprudence contains interesting and important aspects, justifying the demand for legal knowledge, the acquisition of which requires mastery of logic.

“In the modern period of the formation of the rule of law, the formation of civil society and the multi-structured economy of Russia, legal knowledge has proven to be in demand more than ever before. This is primarily due to the fact that the role of law has changed in our lives. It has become increasingly used to solve pressing problems, permissions various kinds conflicts, protection of the rights and interests of various subjects”1.

Legal competence and legal culture are closely related to logical culture, that is, with knowledge and application in life of the forms and laws of correct thinking, since all these aspects of spiritual culture help to master true knowledge.

Doctor of Philosophy, Professor A.D. Getmanova taught logic at Moscow pedagogical universities for 40 years, author of several textbooks on logic (1986-2010).

The material of this textbook on logic has been tested by the author during seven years of teaching logic at the Legal Jurisprudence / ed. A. V. Malko. 5th ed. M., 2010. P. 3.

8 Preface to the faculty of the Moscow City Pedagogical University (MSPU) and two years of teaching logic at the Academic Law University at the Institute of State and Law of the Russian Academy of Sciences (APU) and the State University for the Humanities (GUGN).

Within certain limits, this manual uses the symbols of mathematical (symbolic) logic. The second part contains knowledge on various areas of non-classical logic.

In addition, the manual contains problems for the logic course, and much attention is paid to the legal content of the problems. The solution to the most typical problems of classical logic is also shown.

The author thanks the students of MSPU, APU and GUGN who presented original works on the course of logic based on the material of their specialty, in particular jurisprudence, both those whose names are mentioned and those whose names are not indicated. Selected examples from these works are contained in this tutorial.

SUBJECT AND MEANING OF LOGIC

1.1. WHAT DOES THE TERM “LOGIC” MEAN?

The term "logic" comes from Greek word logos, which means “thought”, “word”, “mind”, “law”.

This term has four different meanings:

1) specific patterns of correct thinking;

2) science that studies the patterns of structure and development of correct thinking;

3) patterns of development of objectively existing things and phenomena (the logic of things);

4) a certain sequence of human actions.

Let us give examples from fiction and show in what sense the term “logic” is used in these examples and what it means.

Let us explain with examples taken from detective works.

1. Now everything is ready, he was not even surprised by his actions, they seemed so logical to him (Boileau-Narcejac). Here the term “logic” is used by the author in the fourth sense.

2. Standen was logical in his assumptions (P. Cheney). Here we have the first meaning of the term.

3. With difficulty he loosened the first nut, then the second. Logically, the nuts should fall into the cap a good dozen kilometers from here, but the speed will hold them. Raoul quickly moved on to the other three nuts and loosened them too (Boileau-Narcejac). Here the term is taken in the third sense.

4. “Given the travel time, I could not return to the hospital between ten o’clock and half past ten.” The Commissioner made a mental calculation of the timing. Yes, the professor could not be blamed for his lack of logic (J. Simenon). Here the term "logic" is used in the first sense.

Modern formal logic - intensive developing science, which includes a number of areas.

Formal logic its development went through two main stages:

1) traditional (classical) logic, which began (mainly) with the works of Aristotle;

2) mathematical (or symbolic) logic.

We'll talk more about this in Chapter 9.

Logic is divided into a significant number of historically existing varieties and theories: logic of Ancient India, 10 Chapter 1. The subject and meaning of logic Ancient China, Ancient Greece; logic in the Middle Ages, logic of the Renaissance and Modern times, etc. in the twentieth century. a branched spectrum appeared modern trends logics (multivalued, constructive, intuitionistic, modal, paraconsistent, positive, deontic and other types of non-classical logics). Modern logic belongs important role in the creation and software of computers.

We will present two-valued logic in this book. Its other names - classical or traditional logic - reflect the presence of origins in ancient times (its founder is Aristotle). Logic is called two-valued because in it a proposition can be either true or false (for example, the proposition all falcons are birds is true, but the proposition all witnesses give true testimony is false). Two-valued logic deals with concepts that have a clear scope (for example, modern state, five-story building, etc.). Relay contact circuits are built on the principle of double-valuedness (the contact is closed or the contact is whipped). In computer programs built on two-valued logic, truth is usually represented by 1 and false by 0.

Thinking is studied not only by logic, but also by a number of other sciences:

psychology, cybernetics, pedagogy, etc., while each of them studies it in a certain aspect inherent in it.

Logic explores the forms and laws in which the world is reflected in the process of thinking. Since the processes of cognition of the world are fully studied by philosophy, logic is a philosophical science.

Cognition exists not in the form of any one state, not as something static, but as a process of movement towards an objective, complete, comprehensive truth. This process consists of many moments, parties that are in necessary connection with each other.

To more fully elucidate the meaning of logic as a science, it is necessary to consider thinking as the subject of study of logic.

–  –  –

receiving signals from outside world Apart from the sense organs, humans have no means of transmitting them to the brain. There are two stages of knowledge:

1) sensory knowledge;

2) abstract thinking.

What are the forms of sensory knowledge?

There are three forms of sensory knowledge:

1) sensation;

2) perception;

3) presentation.

Each item has not one, but many properties. Sensations reflect various properties of objects. Sensory perception increases with training. An ordinary person distinguishes, for example, three to four shades of black, professionals - up to 40 shades.

Sensation is a reflection of individual properties of objects or phenomena of the material world that directly affect our senses (vision, hearing, smell, touch, taste). Examples of sensation: bitter, salty, warm, red, round, smooth, etc.

If a person (for example, a deaf-blind person) is deprived of one or more sense organs, then the remaining sense organs become significantly sharper and partially fill the functions of the missing ones.

Gibson's play “The Miracle Worker” tells about the childhood and education of an American deaf-blind girl, Helen Keller. This play very clearly conveys the difficulty of communicating with Helen and the method of teaching her. When the girl uttered the first word “water,” it was perceived as a miracle. She learned to speak, although she herself could not hear her voice.

Perception is a holistic reflection of an external material object that directly affects the senses (for example, images of a bus, a wheat field, a melon, a book, etc.).

Perceptions are made up of sensations. Thus, the perception of an orange is composed of the following sensations: spherical, orange, sweet, fragrant, etc. Perceptions, although they are a sensory image in the reflection of an object that affects a person at the moment, largely depend on past experience. The completeness and purposefulness of perception, for example, of a green meadow, will be different for a child, an adult, an artist, a biologist or a peasant (an artist will admire its beauty, a biologist will see species of some medicinal or non-medicinal plants on it, a peasant will estimate how much grass can be cut from it , get hay, etc.).

12 Chapter 1. The subject and meaning of logic How strongly perceptions are intertwined with previous experience and knowledge can be seen from the following story. They say that one European, traveling through Central Africa, stopped in a village whose inhabitants had no idea about books and newspapers.

While they were changing his horses, he opened the newspaper and began to read it. A crowd gathered around and watched him closely. When the traveler was already preparing to go further, they approached him local residents and asked to sell the newspaper for a lot of money. When the traveler asked why they needed the newspaper, they replied that they saw him looking at the black images on it for a long time and, obviously, treated his eyes, and they would like to have this remedy. So, the residents of this village, not knowing what reading is, and reasoning on the basis of their previous experience, perceived the newspaper as a therapeutic agent.

A representation is a sensory image of an object that is not perceived by us at the moment, but was previously perceived in one form or another. The representation can be reproducing (for example, everyone now has an image of their home, their workplace, images of some acquaintances and relatives whom we do not see now). The performance can be creative, including fantastic. A person’s creative idea can arise from verbal description. So, from the description we can imagine the tundra or jungle, although we have never been there, or the aurora, although we have never seen it.

By describing the appearance of a real person or literary hero we try to visually create his image, imagine his appearance.

By sensory reflection we will know external properties, but not the essence of the subject, we reflect specific items in all their clarity. We learn the laws of the world, the essence of objects, and what they have in common through abstract thinking—a more complex form of cognition. Abstract, or rational, thinking reflects the world and its processes deeper and more fully than sensory knowledge. The transition from sensory cognition to abstract thinking represents a leap in the process of cognition. This is a leap from knowledge of facts to knowledge of laws.

–  –  –

A concept is a form of thinking that reflects the essential features of a single-element class or a class of homogeneous objects1. Concepts in language are expressed in separate words(basketball player, textbook) or a group of words, i.e. phrases (capital city; international law; Tsar Boris Godunov; warm, calm sea; principle of non-use of force, etc.).

Judgment is a form of thinking in which something is affirmed or denied about objects, their properties or relationships.

A judgment is expressed in the form of a declarative sentence.

Judgments can be simple or complex.

For example: Some animals stock up on food for the winter - a simple proposition, but the proposition:

Autumn has come, the days have become shorter, and migratory birds have gone to warmer climes - a complex one, consisting of three simple ones.

Inference is a form of thinking through which, from one or more propositions called premises, we certain rules from the output we get the conclusion. There are many types of inferences; logic studies them.

Here are four examples:

1. All carbohydrates are flammable.

Sugar is a carbohydrate. Sugar is flammable.

2. All bribe takers are criminals.

Convicted Ivanov is a bribe-taker.

Convicted Ivanov is a criminal.

3. Phosphorus is white or red.

This phosphorus is red.

This phosphorus is not white.

4. Violation of legal norms can be intentional or due to ignorance.

This violation of the law occurred out of ignorance.

This violation of the law is not intentional. avava The first two judgments written above the line are called premises, the third judgment is the conclusion. In the process of cognition, we strive to achieve true knowledge. Truth is an adequate reflection in human consciousness of the phenomena and processes of nature, homogeneous, that is, included in the same class according to a fixed class-forming attribute.

14 Chapter 1. The subject and meaning of the logic of society and thinking1. The truth of knowledge is its correspondence to reality. The laws of science represent truth.

Truth can also be given to us by forms of sensory knowledge—sensation and perception. Truth is such reliable knowledge, the correspondence of which to objective phenomena and objects of the world is confirmed by practice. The doctrine of truth has not only theoretical, but also practical significance. The purpose of knowledge is to obtain the truth and use it for the purposeful transformation of the world. The problems of truth as knowledge adequate (from the Latin adaequatus - equated, equal) to reality were already posed by the philosophers of Ancient Greece. The classical understanding of truth, preserved to this day, was given by Aristotle: “... the truth is spoken by the one who considers the separated to be disconnected and the connected to be connected”2.

Practice plays a great role in obtaining true knowledge. Thus, before a machine is put into mass production, it is tested in action; aircraft are tested by test pilots; The effect of medications is first tested on animals, then, after making sure of their suitability, they are used to treat people.

Before sending a man into space, Soviet scientists conducted a series of tests with animals.

FEATURES OF ABSTRACT THINKING

With the help of rational (from the Latin ratio - reason) thinking, people discover the laws of the world, discover trends in the development of events, analyze the general and special in any subject, make plans for the future, etc. A number of features of abstract thinking are identified.

1. Thinking reflects reality in generalized forms. In contrast to sensory cognition, abstract thinking, abstracting from the individual, identifies in similar objects only the general, essential, and repeating (for example, by highlighting the common features inherent in all thefts, we form the concept of “theft”).

With the help of abstract thinking, scientific concepts are created (this is how the following concepts were created: “matter”, “consciousness”, “movement”, “state”, “heredity”, “gene”, etc.).

This type of truth is called correspondent, i.e. it is truth as correspondence, but there are other truths - by definition, by agreement, coherent.

Aristotle. Collection Op. : in 4 volumes, 1975. T. I. P. 250.

1.3. The concept of logical form and logical law 15

2. Abstract thinking is a form of indirect reflection of the world. A person can receive new information without the direct help of the senses, only on the basis of his existing knowledge (for example, based on evidence, lawyers judge a crime that has occurred, build their conclusions and put forward different versions about the alleged criminal or criminals).

3. Abstract thinking is the process of actively reflecting reality. A person, by defining the goal, methods and setting deadlines for the implementation of his activities, actively transforms the world.

The activity of thinking is manifested in creative activity a person, his ability to imagine, in scientific, artistic and other fantasies.

4. Abstract thinking is inextricably linked with language. Language is a way of expressing thoughts, a means of consolidating them and transmitting them to other people. Cognition is aimed at obtaining true knowledge, which leads to both sensory cognition and abstract thinking. Thinking is a reflection of objective reality.

More details about the connection between thinking and language will be discussed in paragraph 1.4.

1.3. THE CONCEPT OF LOGICAL FORM AND LOGICAL LAW Formal logic is the science of the laws and forms of correct thinking. V. S. Meskov writes: “... the subject of the science of logic is reasoning, and it itself is the science of reasoning. The task of logic as a science is to establish the laws and rules to which reasoning is subject.”1 Reasoning takes on a logical form and is constructed in accordance with logical laws. Let us find out what is meant by logical form and logical law.

–  –  –

The logical form of a specific thought is its structure, that is, the way in which its constituent parts are connected. Logical forms do not reflect the entire content of the world that exists outside of us, V. S. Meskov. Essays on the logic of quantum mechanics. M., 1986. P. 7.

16 Chapter 1. The subject and meaning of logic and its general structural connections, which are necessarily embodied in the structure of our thoughts. Concepts, judgments, conclusions have their own specific forms (structures).

The structure of thought, that is, its logical form, can be expressed using symbols.

Let us identify the structure (logical form) in the following three judgments:

1) all diamonds are carbons;

2) all even numbers are divisible by two without a remainder;

3) all citizens Russian Federation have the right to protection by the state of personal dignity.

The following two conditional propositions have the same form:

1) if a student studies logic, he improves the clarity of his thinking;

2) if a serviceman is assigned to arrest, then he serves the arrest in the guardhouse.

The form of these judgments is: “If S is P, then S is P1.”

In the sentence: If the party that gave the deposit is responsible for the failure to fulfill the contract, it remains with the other party (Article 381 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation)) - the form is expressed as follows: “If a, then c.” The letter a denotes a judgment in italics; letter c - judgment: “the deposit remains with the other party.”

LOGICAL LAWS Compliance with the laws of logic - necessary condition achieving truth in the process of reasoning. The main formal logical laws are usually considered:

1) the law of identity;

2) the law of non-contradiction;

3) the law of the excluded middle;

4) the law of sufficient reason.

We will talk about them in detail below. These laws (principles) express certainty, consistency, and evidence-based thinking.

Logical principles operate independently of the will of people; they are not created according to their will and desire, but are a reflection of their own

1.3. The concept of logical form and logical law 17 concepts and relationships between things in the material world. The universal human nature of the principles of formal logic is that in all historical eras all people thought according to the same logical principles. In addition to formal logical principles, correct thinking is subject to the basic laws of dialectics:

unity and struggle of opposites;

mutual transition of quantitative and qualitative changes;

denials denials.

TRUTH OF THOUGHT AND FORMAL CORRECTNESS OF REASONING The concept of truth (falsehood) refers only to the specific content of a particular judgment. If a judgment correctly reflects what takes place in reality, then it is true, otherwise it is false. For example, the proposition all trapezoids are quadrilaterals is true, but the proposition all metals are heavier than water is false.

The concept of formal correctness of reasoning applies only to logical actions and operations of thinking. If among the premises of a conclusion there is a false one, then, subject to the rules of logic, in the conclusion we can obtain both truth and falsehood. To show this, let's take two conclusions.

1. All metals are solids.

Mercury is not a solid.

Mercury is not a metal.

2. Everything celestial bodies- planets.

Jupiter is a celestial body. ooooo Jupiter is a planet.

In the first case, the conclusion turned out to be false precisely because a false judgment was taken as the first premise. In the second, despite the first false premise, the conclusion is a true judgment. For a conclusion to be true, both premises must be true propositions and the rules of logic must be followed. If the rules of logic are not followed (if the premises are true), we can also get both a true and a false conclusion. To show this, let's take the data below the inference.

18 Chapter 1. The subject and meaning of logic

1. All fish swim.

All frogs swim.

All frogs are fish.

2. All robbers are criminals.

This man is a criminal.oo This man is a robber.

In the first inference, both premises are true judgments, but the resulting conclusion can be either false or true, because one of the rules of inference was violated.

Here the conclusion is a false proposition. In the second inference, both premises are true judgments, but the conclusion can be either true or false, since the rule for constructing inferences is violated.

So, from the point of view of content, thinking can give a true or false reflection of the world, and from the point of view of form, it can be logically correct or incorrect. Truth is the correspondence of thought to reality, and correctness of thinking is compliance with the laws and rules of logic. The following concepts cannot be identified (mixed): “truth” (“truth”) and “correctness,” as well as the concepts “falsity” (“falsehood”) and “incorrectness.”

Modern logic is an intensively developing science, which includes formal logic and dialectical logic. On their basis, the logic of scientific knowledge is formed, using the methods of both sciences to analyze scientific knowledge.

As already noted, formal logic is the science of the laws and forms of correct thinking. In a certain sense it is like grammar. K. D. Ushinsky considered logic to be the grammar of thinking. Like grammar, which gives language a harmonious and clearly meaningful character, logic provides evidence and harmonious thinking.

The importance of logic in the work of a lawyer

You can reason logically, draw your own conclusions correctly, and refute your opponent’s arguments without knowing the rules of logic, just as people often speak correctly without knowing the rules of grammar. But knowledge of logic improves culture

1.3. The concept of logical form and logical law 19 of thinking promotes clarity, consistency and evidence of reasoning, enhances the effectiveness and persuasiveness of speech.

Knowledge of the basics of logic is especially important in the process of mastering new knowledge, in training, when writing essays, coursework, and preparing speeches and reports. Knowledge of logic helps to notice logical errors in the oral speech and written works of other people, to find shorter and the right ways refuting these erroneous thoughts, avoid making mistakes in your thinking.

In the conditions of the scientific and technological revolution and the increasing flow of scientific information, the task of rational selection from the entire flow takes on special importance. new information its most important, defining components. Logic contributes to the development of evidence-based reasoning and the formation of creative thinking.

Logical culture is not innate quality. For its development, it is necessary to familiarize students of all universities, including law schools, as well as specialists - lawyers, sociologists, etc.

with the basics logical science. Logic contributes to the formation of self-awareness, the intellectual development of the individual, and helps the formation of a scientific worldview. The legal profession requires constant creativity, tireless work of thought and improvement of logical culture, without which high professionalism is impossible.

In science, controversy, everyday life, and also in teaching, we every day have to deduce others from some true judgments, refute false judgments or incorrectly constructed evidence. Conscious adherence to the laws of logic disciplines thinking, makes it more reasoned, effective and productive, helps to avoid mistakes, which is especially important for teachers and representatives of other professions, and, for example, for judges, it is extremely important. Thus, Agatha Christie writes in the novel “Ten Little Indians”: Buying an island, the judge thought, surrounding himself with an atmosphere of mystery is quite in the character of Constance Culmington. And the judge nodded his head: he was pleased with himself - his logic, as always, is impeccable... Watson, a friend of Sherlock Holmes, says the following about the importance of logic for an investigator: I did not know greater pleasure than to follow Holmes during his professional activities and admire his swift thought. At times it seemed that he was solving the riddles presented to him not by reason, but by some kind of inspired instinct, but in fact all his conclusions were based on precise and strict logic (A. Conan Doyle).

The magazine “Russian Justice” notes: “The logic of the development of the judicial system requires the creation of modern stage within the framework of organizational support for activities judiciary Institute of Judicial Administration"1.

The same magazine provides statistical data confirming the thesis:

“The number of claims and appeals received by some arbitration courts for consideration is very large.” The Moscow Arbitration Court “considers about 50 thousand cases per year.

statements of claim and appeals, which is comparable to the volume judicial work ten arbitration courts included in the Volga-Vyatka District (48 thousand), nine arbitration courts included in the West Siberian District (54 thousand). The court has 170 judges on staff, and the average monthly workload is 34 cases.”

With such a huge workload, a lawyer cannot do without the active mobilization of logical knowledge.

We noted earlier that logical thinking is not innate. One of the most effective ways to develop logical abstract thinking is the systematic study of the science of logic.

Well-known logicians V.I. Kirilov and A.A. Starchenko write about the importance of logic in the work of a lawyer: “Knowledge of logic helps a lawyer prepare a logically harmonious, good reasoned speech, reveal contradictions in the testimony of the victim, witnesses, the accused, refute the unfounded arguments of your opponents, build a judicial version, outline a logically consistent plan for examining the scene of the incident, consistently, consistently and reasonably draw up an official document, etc. All this has important in the work of a lawyer aimed at strengthening law and order”2.

So, for example, when studying civil law, it is important to understand the meaning of the texts of civil documents: laws, court decisions, statements of claim, etc. For law students, “one of the main tasks of teaching the basics of civil law is to teach how to competently formulate and defend their Russian justice. 2000. No. 11. P. 9.

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legitimate interests, it is correct to raise the issue before a professional lawyer”1. When studying this subject, future lawyers will have to operate with many legal concepts:

“civil law”, “property relations”, “non-property relations”, “public law”, “private law”, etc.

Often used logical operation- “division of the concept.”

For example, it is believed that “public law” includes such branches of law as constitutional, administrative, financial (tax), criminal, and judicial. Knowing the logical rules for the division of concepts, it is possible to establish whether the division of this and many other legal concepts was carried out correctly or incorrectly.

Let's see what students - future lawyers - write about the meaning of logic.

E. Smirnova (Faculty of Law, Moscow State Pedagogical University)

An essay on logic I began to study logic, unfortunately, only at the institute.

I realized that this subject is not only important, but also vital, since logic teaches us to think correctly, defend our opinions and not make hasty, and therefore often false, conclusions. Logic should be studied by students of all faculties and schoolchildren, because it makes us think more often about the contradictions of the reality around us.

If every person thinks and acts logically, then the number of cultured and literate people in our country will increase.

I believe that lawyers need logic, since they often have to encounter conflicts in everyday practice that require competent resolution, and all their activities boil down to making decisions based on the current legislation, which is impossible to understand without logical thinking. The work of a lawyer is also based on logical thinking and involves a deep and comprehensive analysis of the case under consideration, the ability to prove one’s case and find logical errors in the opponent’s evidence.

But it is still worth noting that at the Faculty of Law of Moscow State Pedagogical University there are only 34 hours of logic. During this time, students do not have time to assimilate and properly practice the material, since it is quite complex, and do not have time to fully demonstrate their creativity. And I wanted, Mushinsky V. O. Fundamentals of civil law. M.: International relations, 1995.

22 Chapter 1. The subject and meaning of logic so that this situation changes in the near future and the quality of student education improves.

And I would also like to say that logic is necessary for every person not only in everyday life, but also in civil relations, since the force of a law has not only what is directly stated in it, but also what logically follows from it. And everyone should be able to navigate the current legislation and defend their civil rights.

L. Rakhmaninova (Faculty of Law, Moscow State Pedagogical University)

logic Logic - why is it needed and is it needed at all?

I will try to answer this simple question.

Logic itself is a science that studies the laws and forms of correct thinking.

We are all thinking beings and try to think correctly. We have become accustomed to what surrounds us: television, radio, telephone, etc., and we cannot imagine our life without it. And for all this we have to thank technical progress. But what is this progress without correct thinking, i.e. without logic?

Logic is very important for workers in the education system - after all, they are entrusted with one of the most important social functions- transfer of knowledge to the younger generation.

Logic is also important for media workers:

after all, their thoughts and words are addressed to a huge mass of the population and can cause the most serious social consequences Therefore, the information must be strictly verified and accurate, so that there are no lies or falsehoods in it.

What about us, lawyers?

Whatever they say, logic is one of the most important subjects for us, of great importance for our activities. Cicero also told his students and speakers: “Whatever business you undertake to conduct, you must carefully and thoroughly understand it.”

In a court case, everything: evidence, documents, contracts, agreements, obligations - must be correctly analyzed so that logically correct conclusions can be drawn.

In modern legal practice, logical means are widely used: definition (for example, legal concepts), division (for example, classification of crimes), subsumption under a concept (qualification of a specific act), inference (for example, in an indictment), etc. And in order to successfully use this knowledge of logic, it must be mastered perfectly, otherwise a lawyer cannot call himself a real professional.

So do we need logic?

Yes, definitely!

1.4. Logic and language 23

1.4. LOGIC AND LANGUAGE The subject of the study of logic is the forms and laws of correct thinking. Thinking is a function of the human brain and is inextricably linked with language. Language, according to K. Marx, is the immediate reality of thought. In the course of collective labor activity, people had a need to communicate and convey their thoughts to each other, without which the organization of collective labor processes itself was impossible.

The functions of natural language are numerous and multifaceted.

Language is a means everyday communication people, as well as communication in scientific and practical activities. It allows you to transfer accumulated knowledge, practical skills and life experience from one generation to another, carry out the process of training and educating the younger generation. Language is also characterized by such functions as storing information, a means of cognition and expression of emotions.

Language is iconic information system, a product of human spiritual activity. The accumulated information is transmitted using signs (words) of the language.

Speech can be oral or written, audible or non-audio (as, for example, among the deaf-mute), external (for others) or internal, expressed using natural or artificial language. With the help of scientific language, which is based on natural language, the principles of philosophy, history, geography, archeology, geology, medicine (using, along with living national languages, the now dead Latin language) and many other sciences are formulated. Language is not only a means of communication, but also the most important component culture of every people.

Based on natural languages, arose artificial languages science. These include the languages ​​of mathematics, symbolic logic, chemistry, physics, as well as algorithmic programming languages ​​for computers, which are widely used in modern computers and systems. Programming languages ​​are called sign systems, used to describe the processes of solving problems on a computer. Currently, there is an increasing tendency to develop principles for “communication” between a person and a computer in natural language, so that one can use computers without the intermediaries of programmers.

A sign is a material object (phenomenon, event), acting as a representative of some other object, property 24 Chapter 1. Subject and meaning of logic or relationship and used for acquiring, storing, processing and transmitting messages (information, knowledge)1.

Signs are divided into linguistic and non-linguistic. Non-linguistic signs include copies (for example, photographs, fingerprints, reproductions, etc.), sign signs, or indicator signs (for example, smoke is a sign of fire, elevated body temperature is a sign of illness), signs (for example, a bell is a sign of the beginning or end of the lesson), signs and symbols (for example, road signs) and other types of signs. There is a special science - semiotics, which is a general theory of signs. Varieties of signs are also the linguistic signs used in the above listed functions. One of the most important functions linguistic signs consists in designating objects with them. Names are used to designate objects.

A name is a word or phrase that designates a specific object. (The words “designation”, “naming”, “name” are considered as synonyms.) The subject here is understood in a very broad sense: these are things, properties, relationships, processes, phenomena, etc. of both nature and social life , mental activity of people, products of their imagination and the results of abstract thinking. So, a name is always the name of some object. Although objects are changeable and fluid, they retain qualitative certainty, which is denoted by the name of the given object.

Names are divided into the following groups:

1) simple (train, defendant, sentence) and complex or descriptive (the largest waterfall in Canada and the USA, international law, intellectual property law, functions of the state);

in a simple name there are no parts that have independent meaning, but in a complex name they are present;

2) proper names, i.e. individuals, objects, events (Moscow Metro, the Amazon River, the great Russian poet A.S. Pushkin), and common names class of homogeneous subjects (for example, power plant, steelmaker, legislation on education, science and culture).

Every name has meaning and meaning. The meaning of a name is the object it denotes2. The meaning (or concept) of a name is a philosophical encyclopedic dictionary. M.: INFRAM, 2009.

Instead of the word “meaning” in the literature on logic, others are used (also

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the way it denotes an object, i.e. the information about the object that it contains. Let's explain this with examples. The same object can have many different names (synonyms). So, for example, the symbolic expressions 8, 6 + 2, 12 – 4 are names of the same object - the number 8. Different expressions, denoting the same object, have the same meaning, but a different meaning (i.e., the meaning of the expressions “8”, “6 + 2” and “12 – 4” is different).

Let us give other examples that explain the meaning and meaning of the name. Such linguistic expressions as the great Russian writer Fyodor Mikhailovich Dostoevsky, the author of the novel “Crime and Punishment”, the author of the novel “The Brothers Karamazov”, have the same meaning (they denote the writer F. M. Dostoevsky), but a different meaning.

Such linguistic expressions as the outstanding Russian artist Ilya Glazunov, the artist who painted the fundamental painting “Dekulakization”, the rector of the Moscow Academy of Arts, have the same meaning (they denote the artist Ilya Glazunov), but a different meaning.

Linguistic expressions such as the deepest lake in the world, freshwater lake in Eastern Siberia at an altitude of about 455 meters, a lake that has over 300 tributaries and the only source is the Angara River, a lake whose depth is 1620 meters, have the same meaning (Lake Baikal), but different meanings, since these linguistic expressions represent Lake Baikal using of its various properties, i.e. they provide different information about Baikal.

The relationship between three concepts: name, meaning, meaning can be schematically depicted in this way (Fig. 1.1).

Meaning – an object or class of objects denoted by a name.

Meaning is the way in which a name denotes an object (information about the object).

A name is a linguistic image designating an object.

Rice. 1.1 This scheme is suitable if the name is not only proper, i.e. applicable to one object (number 8, F. M. Dostoevsky, Ilya Glazunov, Lake Baikal), but also general (for example, person, lake).

Then, instead of a single object, the meaning of the name will be a class of homogeneous objects (for example, a class of lakes or a class of dogs 26 Chapter 1. Subject and meaning of logic, etc.), and the scheme will remain in force with this clarification, while instead of the meaning there will be the content of the concept.

1.5. SEMANTIC CATEGORIES Expressions (words and phrases) of natural language that have any independent meaning can be divided into so-called semantic categories, which include:

1) sentences: narrative, incentive, interrogative;

2) expressions that play a certain role in the composition of sentences: descriptive and logical terms.

Judgments are expressed in the form of declarative sentences (for example: London is a capital city, a parrot is a bird). In these judgments, the subjects are respectively “London”, “parrot”, and the predicates are “capital city”, “bird”.

Listed below are descriptive terms.

1. Names of objects - words or phrases denoting individual (material or ideal) objects (Aristotle, the first cosmonaut) or classes of homogeneous objects (steamboat, flood, textbook, veteran of the Great Patriotic War, Nobel Prize laureate, etc.).

In the judgment “Rome is the capital of Italy” there are three names of the object: “Rome”, “capital”, “Italy”. The name of the subject “Rome” plays the role of the subject, and the names “capital” and “Italy” are included in the predicate (“capital of Italy”) as its two components.

2. Predicators (signs of object-propositional functions) - words and phrases denoting the properties of objects or relationships between objects (for example, decent, blue, electrically conductive, there is a city, there is less, there is a number, there is a planet, etc.).

Predicators can be single-place or multi-place. Single-place predicators denote properties (for example, talented, bitter, big). Polyplaces denote (express) relationships.

Binary predicators are: “equal”, “greater”, “mother”, “remembers”, etc. For example: The area of ​​apartment A is equal to the area of ​​apartment B; Maria Vasilievna is Seryozha's mother. An example of a three-place predicator is “between” (for example: The city of Novosibirsk is located between the cities of Saratov and Magadan).

3. Functional signs (signs of nominal functions) - expressions denoting objective functions, operations sin, +, etc.).

In addition, the language contains so-called logical terms (logical constants, or logical constants).

In natural language there are words and phrases: “and”, “or”, “if... then”, “equivalently”, “equivalently”, “not”, “it is not true that”, “every” (“every”, “all” "), "some", "except", "only", "that... which", "neither... nor", "although... but", "if, and only if" and many others, expressing logical constants (constant ).

In symbolic (or mathematical) logic, conjunction, disjunction, negation, implication, equivalence, generality and existence quantifiers, and some others are usually used as such constants.

In symbolic logic, logical terms (logical constants) are written as follows: –,.

The conjunction corresponds to the conjunction “and”. A conjunctive statement is denoted as follows: a b, or a · b, or a & b (for example, “spring has come” (a), and “the rooks have flown” (b)”)1.

The disjunction corresponds to the conjunction "or". A disjunctive judgment is denoted by: a b (non-strict disjunction) and a b (strict disjunction). Their difference is that with a strict disjunction, a complex judgment is true only in the case when one of its components is true, but not both, and with a non-strict disjunction, both judgments can be true at the same time. He is a scientist or a football player is designated as a b. Now Petrov is at home or at the institute and is designated as a b.

The implication corresponds to the conjunction “if... then”. A conditional proposition is denoted as follows: a b, or a b (for example: If the weather is good, then we will go to the forest).

Equivalence corresponds to the words “if and only if”, “then and only if”, “equivalently”. An equivalent statement is denoted: a b, or a b, or a b.

shines Negation corresponds to the words “not”, “it is not true that”. The negation of a statement is denoted: a, a, ~a (For example: the sun is shining (a);

It is not true that the sun is shining (a)).

The quantifier of generality is designated and corresponds to the quantifier words “all” (“every”, “every”, “none”). xP(x) - notation in mathematical logic. (For example, in the judgment All lawyers are lawyers, the quantifier word “all” is highlighted).

Here and in what follows, the letters a, b, c, etc. denote variable statements

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The existential quantifier is designated and corresponds to the words “some”, “exists”. xP(x) - entry in mathematical logic. (For example, in the judgments, some people have a higher legal education or there are people who have a higher legal education - quantifier words are highlighted).

Let us express in the form of a diagram the varieties of semantic categories

Assoc. P.F.Lungu(chairman), prof. M.N.Marchenko, prof. E.A. Sukhanov

Reviewers:

Department of Philosophy of Moscow law institute Ministry of Internal Affairs of Russia,

doc. Philosopher sciences, prof. V.A.Bocharov,

Ph.D. Philosopher Sciences, Associate Professor M.B. Oseledchik

The importance of logic for lawyers. The specificity of the work of a lawyer (be it a prosecutor, judge, investigator, lawyer, legal consultant, legal scholar, etc.) lies in the constant use of special logical techniques and methods: definitions and classifications, argumentation and refutations, etc. The degree of proficiency in these techniques, methods and other logical means is an indicator of the level of logical culture of a lawyer.

How is a lawyer’s logical culture formed?

Sometimes the opinion is expressed that the ability to reason logically is inherent in people by nature. This opinion is wrong. It is refuted by studies conducted in our country in the 30s of this century. During the research, peasants living in remote villages and leading almost subsistence farming, asked questions. For example, a peasant was informed that, according to government decree, each regional center should have post office. They said that this decree had been implemented. The peasant was asked if he agreed that every regional center has a post office. Usually the peasant agreed.

Then the same peasant was again asked if he agreed that every regional center has a post office. The peasant agreed. He also agreed that the other village, which was also named, is a regional center, and added that it is the regional center of a neighboring district. When asked whether the statement that there is a post office in this other village follows from these two statements, the peasant answered in the negative. Spoke:

“What I don’t know, I don’t know. I've never been there."

The logical culture of a modern literate person is higher than the logical culture of the peasants we were talking about. It even seems strange to us that we do not understand such simple reasoning (they are called categorical syllogisms).

The indicated spontaneous way of forming a logical culture is not the best. People who have not studied logic, as a rule, do not master one or another logical techniques. In addition, such people have different logical cultures, which does not contribute to mutual understanding. This is confirmed by studies in which law students, before starting to study logic, were given the task of analyzing a series of reasoning. It was necessary to answer which arguments the student considers correct, which ones are incorrect, and which ones he does not have a definite opinion about. In addition, it was proposed to report which methods, corresponding to these correct reasonings, he actively owns, that is, he himself reasons in this way, and which ones he does not actively master. Answers different students regarding the same reasoning turned out to be different. After studying logic, the logical culture increased and leveled out.

Yuri Ivlev - Logic for lawyers: Textbook.

Yuri Ivlev - Logic for lawyers: Textbook. summary

The textbook corresponds to the logic course syllabus for higher legal education institutions. The main questions are presented taking into account the achievements of modern logical science. Each section includes exercises.

For students of law universities and faculties studying in the specialty and direction of “Jurisprudence”. It can also be used by students of other specialties, students of secondary educational institutions, and anyone who wants to study logic or improve their knowledge in this area.

Logic for lawyers: Textbook. read online for free

Editorial board:

Assoc. P.F.Lungu(chairman), prof. M.N.Marchenko, prof. E.A. Sukhanov

Reviewers:

doc. Philosopher sciences, prof. V.A.Bocharov,

Ph.D. Philosopher Sciences, Associate Professor M.B. Oseledchik

INTRODUCTION

Then they told him that such and such a village was a regional center. The peasant agreed with this and said that this is the regional center of the area in which he lives. Then the peasant was asked the question: “Does the statement “There is a post office in every district center” and “The named village is a district center” imply the statement “There is a post office in this village”? The peasant answered the question in the affirmative and added: “I myself have been to the regional center more than once and saw the post office there.”

If logical culture is not given to a person by nature, then how is it formed?

A logical culture of thinking is acquired through communication, studying at school and university, and in the process of reading literature. By repeatedly encountering one or another way of reasoning, we gradually begin to learn which of them are correct and which are not. Then we begin to reason ourselves in accordance with the correct methods of reasoning. Our culture of thinking is improving.

The logical culture of a lawyer increases in the process of his professional activity. For example, the prosecutor discovers the illogicality of the investigator’s reasoning and explains to him what mistake was made. It is very likely that the investigator will not make this mistake in the future.

The study of logic is the most productive way formation and enhancement of logical culture. For this reason, logic is studied in all law schools. Logic systematizes correct ways of reasoning, as well as typical mistakes in reasoning. It provides logical means for the precise expression of thoughts, without which any mental activity, especially legal knowledge, turns out to be ineffective.

Without knowing logic, a lawyer may sometimes feel that either he or someone else is reasoning incorrectly. But what is the mistake? How to find an error in the substantiation of a position? Moreover, how to prove that opposite side wrong? After all, a simple statement: “You are mistaken” will not convince anyone. It is necessary to indicate where the person is mistaken. If, for example, having put forward a proposition, they prove another, similar to the first, and then claim that the first has been proven, it is necessary to reveal the error in this proof, referring to the corresponding rules of logic. Thus, good lawyers often use knowledge of logic. Having discovered an error in the prosecutor's reasoning, they explain what error was made, saying that this error is specially highlighted in logic and has a special name. Such an argument usually has a great impact on judges and others present in the courtroom, even if the latter have never studied logic.

Studying logic not only allows you to convince people of the fallacy of their reasoning, but also speeds up the discovery of errors. Having studied typical errors and acquired the skills to detect them, they are noticed instantly, almost automatically. It is especially important to quickly identify logical errors during a trial.

Knowledge of logic helps to correctly build forensic investigative leads, draw up clear plans for investigating crimes, outline systems of operational actions, and avoid mistakes when drawing up official documents: protocols of interrogation and inspection of the crime scene, indictments, decisions and resolutions, reports, etc.

Leaders working in the field of law and order must have a high logical culture. The famous American management theorist and practitioner Stanley Young writes about the leader:

LITERATURE

LITERATURE

1. Alekseev A.P. Argumentation. Cognition. Communication. M., 1991.

2. Bazhenov L.B. Basic questions of hypothesis theory. M., 1961.

3. Bazhenov L.B. The structure and functions of natural science theory. M., 1978.

4. Boyko A.P. Formal-logical foundations of classification // Logical problems of scientific knowledge research. M., 1980.

5. Bocharov V.A. Aristotle and traditional syllogistics. M., 1984.

6. Bocharov V.A., Markin V.I. Basics of logic. M., 1994.

7. Voishvillo E.K. Subject and meaning of logic. M., 1960.

8. Voishvillo E.K. Concept. M., 1967.

9. Voishvillo E.K. Methodological materials To seminar classes on the topic “Concept”. M., 1986.

10. Voishvillo E.K. Concept as a form of thinking. M., 1989.

11. Voishvillo E.K. Methodological materials for seminar classes on the topic “Classical Logic” (“Propositional and Predicate Calculus”). M., 1985.

12. Voishvillo E.K., Degtyarev M.G. Logic as part of the theory of knowledge and scientific methodology. Book I, II. M., 1994.

13. Voishvillo E.K., Ivlev Yu.V. Logical aspects of philosophical argumentation // Issues. philosophy. Vol. 6-7. Yerevan, 1988.

14. Getmanova A.D. Logics. M., 1986.

15. Gorsky D.P. Logics. M., 1963.

16. Gorsky D.P. Definition. M., 1974.

17. Jeanie K. Logic in statistics. M., 1973.

18. Ivin A.A. The art of thinking correctly. M., 1986.

19. Kostyuk V.N. Methodology scientific research. Odessa, 1976.

20. Kirillov V.I., Starchenko A.A. Logics. M., 1987.

21. Kurbatov V.I. Socio-political argumentation: logical and methodological analysis. Rostov-on-Don, 1991.

22. Lebedev S.A. Induction as a method of scientific knowledge. M., 1980.

23. Makovelsky A.O. History of logic. M., 1967.

24. Markin V.I. Syllogistic theories in modern logic. M., 1991.

25. Pavlova K.G. The art of argument: logical and psychological aspects. M., 1988.

26. Petrov Yu.A. Methodological problematic situations in scientific knowledge // Vestn. Moscow un-ta. Ser. 7. Philosophy. 1987. No. 2.

27. Povarnin S.I. The art of argument. M., 1923.

28. Ruzavin G.I. Methods of scientific research. M., 1974.

29. Ruzavin G.I. Scientific theory: logical and methodological analysis. M., 1978.

30. Collection of exercises in logic / Ed. A.S.Klevchenya and V.I.Barton. Minsk, 1981.

31. Svintsov V.I. Logics. M., 1987.

32. Sergeich P. The art of speech in court. M., 1988.

33. Slupetsky E., Borkovsky L. Elements mathematical logic and set theory. M., 1965.

34. Smirnov V.A. Levels of knowledge and stages of the cognition process // Problems of the logic of scientific knowledge. M., 1964.

35. Smirnova E.D. Fundamentals of logical semantics. M., 1989.

36. Starchenko A.A. A man with convictions // Young communist. 1975. No. 9.

37. Styazhkin N.I. Formation of mathematical logic. M., 1967.

38. Treushnikov M.K. Evidence and proof in Soviet civil proceedings. M., 1982.

39. Uemov A.I. Logic problems and exercises. M., 1967.

40. Formal logic. L., 1977.

41. Sheptulin A.P. Dialectical method of cognition. M., 1983.

A. JUDGMENT

A. JUDGMENT

A judgment is a thought that states the presence or absence of any situations or connections between situations. In language, a judgment is usually expressed declarative sentence and can be evaluated as true or false.

Examples of judgments: “The moon shines with reflected light.” “Patience is bitter, but its fruit is sweet.” “All lawyers are lawyers.” “Some people think that they are living, but in fact they only think so.”

LECTURE No. 10 Judgment

LECTURE No. 10 Judgment 1. General characteristics of judgments This is a form of thinking in which something is affirmed or denied about the surrounding world, objects, phenomena, as well as relationships and connections between them. Judgments are expressed in the form of statements regarding a certain

3. Judgment

3. Judgment Concepts, like all thoughts in general, do not exist in isolation from each other, they are always interconnected. This connection can be different: in the combination of the concepts “spruce - coniferous tree”, the concept “spruce” is included in the concept “coniferous tree”; in combination “a whale is not a fish”

23. Judgment

23. Judgment Judgment is a form of thinking in which something is affirmed or denied about the surrounding world, objects, phenomena, as well as relationships and connections between them. Judgments are expressed in the form of statements regarding a certain subject. For example, judgments

(β) Moral judgment

(?) Moral judgment But this judgment at the same time has another side, which begins to resolve the opposition present here. - Consciousness of the universal relates to evil consciousness not as something that actually performs actions (after all, on the contrary, evil consciousness is that which

II. Judgment

II. Judgment Cognitive activity always leads to the truth or to a lie. In what form is truth or falsehood expressed? In the form of a judgment, logic answers this question. But if so, then this means that ideas, concepts and even conclusions, serving as exponents of truth

II. Judgment § 11 Judgment is the expression of some object in various moments concepts. The judgment contains: a) an object in the definition of singularity as a subject; b) its definition of universality, or its predicate, and, however, the subject can relate to the predicate and how

II. Judgment § 58 Judgment is the separation of the subject from its definition, or feature, and its correlation with this feature, which is its predicate. The subject and the predicate relate to each other either as individual and particular, or as individual and universal, or

Judgment and condemnation

Judgment and Condemnation It is best to start with a phenomenon that is familiar to everyone - the joy of negative judgment. More than once we have heard judgments like: “bad book” or “bad picture”; At the same time, the speaker made a significant face, as if he had said something meaningful. By

§ 1. What is a judgment?

§ 1. What is a judgment? IN previous chapter we have defined logic as a discipline that studies the relation of implication between propositions, that is, the relation between premises and conclusions, with the help of which the truth or falsity of one set determines the truth or

II. CONDITIONAL JUDGMENT

II. CONDITIONAL JUDGMENT

A. JUDGMENT A judgment is a thought that states the presence or absence of any situations or connections between situations. In language, a proposition is usually expressed by a declarative sentence and can be evaluated as true or false. Examples

Concept and judgment

Concept and judgment 1) I tried to systematically reveal the basic properties of any meaning as such. Every meaning is always supertemporal; superspatial; superpsychic; ideal; objective; identical; universal; contained in every mental act; abstract;

Judgment

Judgment A thought that has value or claims to have value. That is why every judgment is evaluative, even if the subject of evaluation is truth (despite the fact that truth in itself is not a value). A judgment of reality, such as, for example, “Earth

2. Judgment and proposal Judgment and purpose of sentences. Like a concept, a proposition is expressed through language. But, as more complex shape thinking, it also takes on a more complex linguistic form. If the material shell of a concept is a word (or

2. Judgment and proposal

2. Judgment and sentence 1. Determine which of the following sentences express judgments: “All people. strive for knowledge" (Aristotle). “Study before the cartilage grows together” (last). “Knowledge is power. "(F. Bacon). “Speak so that I can see you” (Socrates). "If you want to do

A. JUDGMENT

fil.wikireading.ru

Alexandra Getmanova: Logic for lawyers. Textbook for university students

Abstract to the book “Logic for Lawyers. Textbook for university students"

The textbook is also addressed to lawyers, teachers, students in the continuing education system, etc.

The textbook is focused on teaching logic in law faculties of pedagogical educational institutions and marketing departments, in law schools, law colleges and secondary schools. In order to develop logical thinking and apply the theory of logic in practice, all chapters are equipped with logical tasks with predominantly legal content. The last chapter reveals the stages of development of logic as a science.
HELL. Getmanova has been teaching logic at the Moscow City Pedagogical University (MSPU) for more than thirty years and is the author of several textbooks on logic.
The textbook material has ten years of testing in teaching logic at the Faculty of Law of Moscow State Pedagogical University and seven years of practice in teaching logic at the Academic Law University at the Institute of State and Law of the Russian Academy of Sciences and the State University of the Humanities.
The textbook is also addressed to lawyers, teachers, students in the advanced training system and everyone interested in problems of logic and jurisprudence.
9th edition, stereotypical.

A. D. GETMANOVA

TEXTBOOK ON LOGIC

Moscow 2000

Chapter I. Subject and meaning of logic

§ 1. Thinking as a subject of study of logic

§ 2. The concept of logical form and logical law. The main stages of the development of logic and its significance in cognition

§ 3. Logic and language

Chapter II. Concept

§ 1. Concept as a form of thinking

§ 3. Types of concepts

§ 4. Relations between concepts

§ 5. Definition of concepts

§ 6. Division of concepts. Classification

§ 7. Limitation and generalization of concepts

§ 8. Operations with classes (scope of concepts)

Chapter III. Judgment

§ 1. General characteristics of judgment

§ 2. Simple judgment

§ 3. Complex judgment and its types

§ 4. Expression of logical connectives (logical constants) in natural language

§ 5. Relations between judgments according to truth values

§ b. Division of judgments by modality

Chapter IV. Basic laws (principles) of correct thinking

§ 1. The concept of a logical law

§ 2. Laws of logic and their materialistic understanding

§ 3. Use of formal logical laws in teaching

Chapter U. Inference

§ 1. General concept of inference

§ 2. Deductive reasoning

§ 6. Complex and compound syllogisms (polysyllogisms, sorites, spiheirema)

§ 7. Conditional inferences

§ 8. Dividing conclusions

§ 9. Conditional disjunctive (lemmatic) inferences

§ 10. Indirect (indirect) conclusions

8 11. Inductive reasoning and their types

§ 12. Types of incomplete induction

§ 13. Inductive methods establishing causal connections

§ 14. Deduction and induction in the educational process

§15. Inference by analogy and its types. Using analogies in the learning process

Chapter VI. Logical foundations of argumentation theory

§ 1. Concept of proof

§ 2. Direct and indirect (indirect) proof

§ 3. The concept of refutation

§ 4. Rules of evidential reasoning. Logical errors, found in proof and refutation

§ 5. The concept of sophistry and logical paradoxes

§ 6. Proof and discussion

Chapter VII. Hypothesis

§ 1. Hypothesis as a form of knowledge development

§ 2. Construction of a hypothesis and stages of its development

§ 3. Methods of confirming hypotheses

§ 4. Refutation of hypotheses

§ 5. Examples of hypotheses used in school lessons

Chapter UIII. The role of logic in the learning process

§ 1. Logical structure of the question

§ 2. K. D. Ushinsky and V. A. Sukhomlinsky on the role of logic in the learning process in primary school

§ 3. Development of logical thinking of younger schoolchildren

§ 4. Development of logical thinking of students in middle and high schools in the lessons of literature, mathematics, history and other subjects

Chapter IX. Stages of development of logic as a science and the main directions of modern symbolic logic

§ 1. Brief information from the history of classical and non-classical logics

§ 2. Development of logic in connection with the problem of substantiating mathematics

§ 3. Multi-valued logics

§ 4. Intuitionistic logic

§ 5. Constructive logics

§ 6. Modal logics

§ 7. Positive logic

§ 8. Paraconsistent logic

ChapterISUBJECT AND MEANING OF LOGIC

The term “logic” comes from the Greek word logos, which means “thought”, “word”, “mind”, “law”, and is used both to denote a set of rules that govern the process of thinking, reflecting reality, and to denote the science of rules of reasoning and the forms in which it is carried out. We will use the term “logic” in these two senses. In addition, this term is used to designate the laws of the objective world (“logic of things”, “logic of events”). This meaning of the term “logic” goes beyond the scope of our book.

Thinking is studied not only by logic, but also by a number of other sciences: psychology, cybernetics, pedagogy, etc., and each of them studies thinking in a certain aspect inherent to it. Thus, psychology studies thinking from the point of view of its motivations, reveals individual characteristics thinking. Cybernetics is interested in aspects of thinking that are associated with the fast and efficient processing of information using a computer, the relationship between thinking and language (natural and artificial), programming methods and techniques, problems of computer software and a number of others. Pedagogy studies thinking from the perspective of the cognitive process during the training and education of the younger generation. The physiology of higher nervous activity is interested in the physiological foundations of thinking: the processes of excitation and inhibition occurring in the human brain as an organ of thinking.

A logician studies thinking from a different perspective. It explores thinking as a means of cognition of the objective world, those of its forms and laws in which the world is reflected in the process of thinking. Since the processes of cognition of the world are fully studied by philosophy, logic is a philosophical science.

Cognition exists not in the form of any one state, not as something static, but as a process of movement towards an objective, complete, comprehensive truth. This process consists of many moments, parties that are in necessary connection with each other.

Materialist dialectics, revealing the content of moments of cognition, establishes their interaction and role in the process of comprehending the truth. From the standpoint of materialist dialectics, the social nature of knowledge and the active nature of people’s cognitive activity are analyzed. And thinking is considered both in connection with the understanding of truth (objective, absolute and relative), and in terms of the study of methods and forms of scientific knowledge (for example, axiomatic methods, the method of formalization, mathematical methods, probabilistic methods, modeling methods and a number of others are considered).

To more fully elucidate the meaning of logic as a science, it is necessary to consider thinking as the subject of study of logic.

Transcript

1 A. D. Getmanova LOGIC TEXTBOOK

2 UDC 16(075.8) BBK 87.4ya73 G44 Getmanova A.D. G44 Logic: textbook / A.D. Getmanova. M.: KNORUS, p. (For bachelors). ISBN The main sections of logic are revealed: “Concept”, “Judgment”, “Laws of correct thinking”, “Inference” and “Proof”. In order to develop logical thinking and teach the skills of applying logic in practice, numerous problems and exercises are contained at the end of each chapter. For teaching logic to bachelors of all specialties. Can be used in specialized gymnasiums, lyceums and colleges. It will also be useful for those who are interested in issues of logical thinking. UDC 16(075.8) BBK 87.4ya73 Getmanova Alexandra Denisovna LOGIC Certificate of Conformity ROSS RU. AE51. N from the city. Publisher Signed for printing Format 60 90/16. Headset "NewtonC". Offset printing. Conditional oven l. 15.0. Uch. ed. l. 10.2. Circulation 1000 copies. Order by KnoRus LLC, Moscow, Prospekt Mira, 105, building 1. Tel.: (495) Printed by OJSC First Sample Printing House, branch of the VYATKA Printing House, Kirov, st. Moskovskaya, 122. Tel./fax: +7 (8332), Getmanova A.D., 2012 ISBN KnoRus LLC, 2012

3 Contents Preface Chapter 1. Subject and meaning of logic 1.1. What does the term “logic” mean? Forms of cognition The concept of logical form and logical law Logic and language Semantic categories Tasks Chapter 2. Concept 2.1. Concept as a form of thinking Types of concepts Relationships between concepts Definition of concepts Division of concepts. Classification Limitation and generalization of concepts Tasks Chapter 3. Judgment 3.1. General characteristics of a judgment Simple judgment Complex judgment and its types Logical structure of the question Relationships between judgments according to truth values ​​Division of judgments by modality Tasks Chapter 4. Laws (principles) of correct thinking 4.1. The concept of a logical law The law of identity The law of non-contradiction The law of excluded middle. Specifics of the operation of the law of excluded middle in the presence of “uncertainty” in knowledge Law of sufficient reason Objectives

4 4 Contents Chapter 5. Deductive inferences 5.1. General concept of inference Deductive inferences Conclusions from categorical judgments through their transformation Simple categorical syllogism Abbreviated categorical syllogism (enthymeme) Complex and compound syllogisms (polysyllogisms, sorites, epicheireme) Conditional inferences Separative inferences Conditional-separation (lemmatic) inferences Tasks Chapter 6. Induction and analogy 6.1. Inductive inferences and their types Inductive methods for establishing causal relationships Analogy Tasks Chapter 7. Logical foundations of the theory of argumentation 7.1. The concept of evidence Direct and indirect (indirect) evidence The concept of refutation Rules of evidentiary reasoning. Logical errors found in proofs and refutations The concept of sophistry and logical paradoxes The art of discussion Tasks Chapter 8. Hypothesis 8.1. Hypothesis and its types Constructing hypotheses Refuting hypotheses Tasks Conclusion Appendix Appendix Literature

5 Preface Logic, the science of the laws and forms of correct thinking, originated in connection with rhetoric (the study of eloquence) in Ancient Greece and Ancient India, where competitions of orators with a large crowd of spectators were very popular. With the help of logic, people in all historical periods have sought to obtain true knowledge; it helps to prove true judgments and refute false ones, teaches them to think clearly, concisely, correctly. Logical thinking is not innate, so it can and should be developed in various ways (methods). Systematic study of the science of logic is one of the most effective ways to develop logical abstract thinking. Logic is needed by everyone, both those who engage in intellectual work and those who do physical work. Without mastery of logic, teachers cannot effectively develop the thinking of students; lawyers build their accusations or defenses in accordance with the rules of logic. Logic is closely interconnected with jurisprudence and jurisprudence. Logics necessary component innovation in modern education. Intellectual education in the process of teaching logic is carried out in every lesson, lecture or seminar. Outstanding Russian teachers K. D. Ushinsky and V. A. Sukhomlinsky often wrote about the role of logic in the development of intelligence. Special section " Children's world"K. D. Ushinsky consists of his famous "First Lessons in Logic", which are pedagogical conclusion from his harmonious logical theory. Formal logic is in a certain sense like grammar; K. D. Ushinsky considered logic to be the grammar of thinking. Just like grammar, which gives language a harmonious and clearly meaningful character, logic provides evidence and harmonious thinking. According to K. D. Ushinsky, logic is nothing more than a reflection in our mind of the connection between objects and natural phenomena; it should stand on the threshold of all sciences. K. D. Ushinsky paid a lot of attention to analyzing the role of logic in teaching: the first task in junior classes teach a child to think logically, and the basis for the development of logical thinking should be visual learning, observation of nature. Noting the relationship between thinking and language, K. D. Ushinsky devoted great attention to the development of students’ native speech, teaching

6 6 Preface to their native language as a means of clearly expressing thoughts. The development of logical thinking, in his opinion, should also be carried out in the study of geography, history, and arithmetic. The outstanding teacher V. A. Sukhomlinsky posed the question: “How to teach a child the work of thought?” His most interesting “thought lessons” were in the forest, in the meadow, by the river, in the field: “In order not to turn a child into a repository of knowledge, a storehouse of truths, rules and formulas, we must teach him to think,” he wrote. Studying logic helps teach a child to think, compare, juxtapose, reason, and draw conclusions. M.V. Lomonosov spoke about the importance of logic: for knowledge and correct behavior what is needed is natural reason, supported by “logic, which, after grammar, is the first leader to all sciences.” Statements by outstanding Russian scientists and teachers show the need to develop logical culture as an integral part of the intellectual education of students. The logic course for bachelors includes the following topics: “The subject and meaning of logic”, “Concept”, “Judgment”, “Laws (principles) of correct thinking”, “Inference”, “Logical foundations of the theory of argumentation”, “Hypothesis”. Both theoretical material and logical tasks are aimed at developing intellectual abilities, spiritual, moral and aesthetic education of students, bachelors, and graduate students. The author of the manual, A. D. Getmanova, professor, Doctor of Philosophy. She studies the category of negation in classical and non-classical logic, the history of logic, and has published many monographs and textbooks. The manual uses the symbolism of mathematical (symbolic) logic within certain limits. At the end of each chapter, tasks are given in which much attention is paid to the humanitarian and natural science aspects. The author thanks students, bachelors and graduate students of the Moscow State Pedagogical University (MSPU), who presented original works on the logic course based on the material of their specialty, both those whose names are mentioned and those whose names are not indicated.

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The second edition of the book, aimed at teaching logic in universities, has been prepared with corrections and
additions. The book can also be used as a teaching aid in schools, gymnasiums, lyceums and colleges. To develop students' creative thinking on the central topics of the course, tasks and exercises are given. The book includes a new chapter that reveals the stages of development of logic as a science and the main directions of modern symbolic logic.

SUBJECT AND MEANING OF LOGIC.
The term “logic” comes from the Greek word logos, which means “thought”, “word”, “mind”, “law”, and is used both to denote a set of rules that govern the process of thinking, reflecting reality, and to denote the science of rules of reasoning and the forms in which it is carried out. We will use the term “logic” in these two senses. In addition, this term is used to designate the laws of the objective world (“logic of things”, “logic of events”). This meaning of the term “logic” goes beyond the scope of our book.

Thinking is studied not only by logic, but also by a number of other sciences: psychology, cybernetics, pedagogy, etc., and each of them studies thinking in a certain aspect inherent to it. Thus, psychology studies thinking from the perspective of its motivations and reveals individual characteristics of thinking. Cybernetics is interested in aspects of thinking that are associated with the fast and efficient processing of information using a computer, the relationship between thinking and language (natural and artificial), programming methods and techniques, problems of computer software and a number of others. Pedagogy studies thinking from the perspective of the cognitive process during the training and education of the younger generation. Physiology of higher nervous activity interested physiological basis thinking: processes of excitation and inhibition occurring in human brain as an organ of thinking.

A logician studies thinking from a different perspective. It explores thinking as a means of cognition of the objective world, those of its forms and laws in which the world is reflected in the process of thinking. Since the processes of cognition of the world are fully studied by philosophy, logic is a philosophical science.

TABLE OF CONTENTS.
Introduction.
Chapter I. Subject and meaning of logic.
§ 1. Thinking as a subject of study of logic.
§ 2. The concept of logical form and logical law. The main stages of the development of logic and its significance in cognition.
§ 3. Logic and language.
Chapter II. Understood.
§ 1. Concept as a form of thinking.
§ 2. Content and scope of the concept.
§ 3. Types of concepts.
§ 4. Relations between concepts.
§ 5. Definition of concepts.
§ 6. Division of concepts. Classification.
§ 7. Limitation and generalization of concepts.
§ 8. Operations with classes (scope of concepts).
Chapter III. Judgment.
§ 1. General characteristics of judgment.
§ 2. Simple judgment.
§ 3. Complex judgment and its types.
§ 4. Expression of logical connectives (logical constants) in natural language.
§ 5. Relations between judgments according to truth values.
§ 6. Division of judgments by modality.
Chapter IV. Basic laws (principles) of correct thinking.
§ 1. The concept of logical law.
§ 2. Laws of logic and their materialistic understanding.
§ 3. Use of formal logical laws in teaching.
Chapter V. Conclusion.
§ 1. General concept of inference.
§ 2. Deductive inferences.
§ 3. Conclusions from categorical judgments through their transformation.
§ 4. Simple categorical syllogism.
§ 5. Abbreviated categorical syllogism (enthymeme).
§ 6. Complex and compound syllogisms (polysyllogisms, sorites, epicheyrema).
§ 7. Conditional inferences.
§ 8. Separating conclusions.
§ 9. Conditional disjunctive (lemmatic) inferences.
9 10. Indirect (indirect) conclusions.
§ 11. Inductive inferences and their types.
§ 12. Types of incomplete induction.
§ 13. Inductive methods for establishing causal relationships.
§ 14. Deduction and induction in the educational process.
§ 15. Inference by analogy and its types. Using analogies in the learning process.
Chapter VI. Logical foundations of the theory of argumentation.
§ 1. The concept of proof.
§ 2. Direct and indirect (indirect) evidence.
§ 3. The concept of refutation.
§ 4. Rules of evidential reasoning. Logical errors found in proof and refutation.
§ 5. The concept of sophistry and logical paradoxes.
§ 6. Proof and discussion.
Chapter VII. Hypothesis.
6 1. Hypothesis as a form of knowledge development.
§ 2. Construction of a hypothesis and stages of its development.
§ 3. Methods of confirming hypotheses.
§ 4. Refutation of hypotheses.
§ 5. Examples of hypotheses used in school lessons.
Chapter VIII. The role of logic in the learning process.
§ 1. Logical structure of the question.
§ 2. K. D. Ushinsky and V. A. Sukhomlinsky on the role of logic in the learning process in elementary school.
§ 3. Development of logical thinking of younger schoolchildren.
§ 4. Development of logical thinking of students in middle and high schools in the lessons of literature, mathematics, history and other subjects.
Chapter IX. Stages of developed logic as a science and the main directions of modern symbolic logic.
§ 1. Brief information on the history of classical and non-classical logics.
§ 2. Development of logic in connection with the problem of substantiating mathematics.
§ 3. Multi-valued logics.
§ 4. Intuitionistic logic.
§ 5. Constructive logics.
§ b. Modal logics.
§ 7. Positive logics.
§ 8. Paraconsistent logic.
Conclusion.
Literature.
List of symbols.
Subject index.
Notes