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Логика. Сущность логического доказательства и его структура (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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73. THE ESSENCE OF LOGICAL PROOF AND ITS STRUCTURE

Доказательство - a logical operation of justifying the truth of a judgment with the help of other true and related judgments.

The term "evidence" in procedural law is used in two senses:

▪ to designate factual circumstances that act as carriers of information about significant aspects of a criminal or civil case (for example, traces left at the scene of a crime);

▪ to indicate sources of information about factual circumstances relevant to the case (eg, testimony of witnesses).

The requirement of proof is also imposed on knowledge in legal proceedings: a judgment in a criminal or civil case is considered just if it received an objective and comprehensive justification during the trial. Proof is one of the varieties of the process of argumentation.

Argumentation is the operation of substantiating any judgments, in which, along with logical ones, speech, emotional-psychological and other extra-logical methods and techniques of persuasive influence are also used..

Structure of the proof. The proof includes three interrelated elements:

1. Thesis It is a proposition that needs to be proven true. The thesis is the main structural element of the argument and answers the question: what is justified?

2. Arguments or reasons, are the initial theoretical or factual provisions with the help of which the thesis is substantiated. They serve as the basis, or logical foundation of the argument, and answer the question: with what, with what help is the thesis substantiated?

Judgments can be used as arguments:

1) theoretical generalizations. For example, the physical laws of gravity make it possible to calculate the flight path of a specific cosmic body and serve as arguments confirming the correctness of such calculations.

The role of arguments can also be played by empirical generalizations;

2) judgments about facts.

Facts, or actual data, are called single events or phenomena, which are characterized by a certain time, place and specific conditions of occurrence and existence;

3) axioms, i.e. obvious and therefore not proven in the given field of position;

4) definitions of the basic concepts of a particular field of knowledge.

3. Demonstration or form of proof - it is a logical connection between arguments and thesis.

The logical transition from arguments to a thesis proceeds in the form of a conclusion. This may be a separate conclusion, but more often their chain. The premises in the conclusion are judgments in which information about the arguments is expressed, and the conclusion is a judgment about the thesis. To demonstrate means to show that the thesis logically follows from the accepted arguments according to the rules of the corresponding inferences.

<< Back: Methods for proving hypotheses

>> Forward: Direct substantiation of the thesis

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