Logics. Logic and language of law (the most important)

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Logics. Logic and language of law (the most important)

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3. LOGIC AND LANGUAGE OF LAW

The specificity of the language of law lies in the uniformity of terms that should be used by different people in different cases and situations. Such terms are called legal. For example, in everyday life we can use the expression: "Petrov is a native Muscovite." The words "native Muscovite" are understood differently by different people. Some consider all those who were born in Moscow to be indigenous, others only those whose parents were Muscovites, others consider those who lived in Moscow for many years. Such indeterminacy of ordinary language is unacceptable in resolving legal issues. For example, a few years ago, a decision was adopted to put Muscovites living in communal apartments on the waiting list for a separate apartment. Who is entitled to this?

To avoid uncertainties, instead of ordinary words, legal terms are introduced through definitions: “A native Muscovite is a person who has lived in Moscow for 40 years.” There are two main ways to introduce legal terms. The first is by isolating one of the senses in which the expression is used in natural language, as in the above example. Another is to give the expression additional meaning compared to the generally accepted one. For example, “a crime is committed for the first time if it was actually committed for the first time, or the statute of limitations for prosecution for a previous crime has expired, or the criminal record has been withdrawn or expunged.” In this case, the scope of the term is expanded. In addition to legal terms, unspecified expressions are also used in the language of law. These are expressions that are given a precise meaning in other sciences, as well as those that are not ambiguous in ordinary language. In this case, these are expressions such as “live in Moscow”, “40 years”, “person”.

The language of law is subject to 3 normative principles:

1. The principle of objectivity. Something must be affirmed or denied about the meanings of the concepts included in the sentences, and not about the concepts themselves. For example, in the definition of V.I. Lenin: “Matter is a philosophical category for designating objective reality” remains unclear: Lenin called objective reality matter or just a category, i.e. the thought of objective reality.

2. The principle of unambiguity. A concept must designate only one object if it is singular. The concept general should denote objects of the same class.

3. The principle of interchangeability. If a part of a concept is replaced by another concept with the same meaning, then the meaning of the complex concept obtained as a result of such replacement must be the same as the meaning of the original concept. For example, the sentence “The Earth revolves around the Sun” is given. Let us replace the concept of “Sun” with the concept of “central body of the Solar System”. Obviously, the truth of the sentence has not changed. But if you make the same substitution in the sentence “Ptolemy believed that the Sun revolved around the Earth,” you will get a false sentence.

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