Юридическая логика: генезис, значение и место в современной теории государства и права

Abstract

This paper examines the theoretical and historical issues of the emergence, formation and development of special legal logic, and predicts possible trends in the further development of legal logic as a special theory of state and law. The question of the relationship between special legal logic and general formal logic is considered. The author's view on the periodization of the formation and historical development of legal logic as a scientific discipline about the laws of legal thinking is given. Within the framework of this work, the question of the relationship and role of metaphysical and dialectical methods in legal research, which is important for the methodology of legal science, is examined, the historical relationship of these methods is considered, an attempt is made on the basis of scientific sources on which the authors relied when preparing this study, as well as with taking into account the author’s own position developed when working on this research, forecast trends in the further development of legal logic and identify emerging trends in the development of legal methodological research. For the purpose of studying the problems of interaction between logical and legal sciences, determining the subject of legal logic by considering historical examples of attempts to “logize” state legal phenomena using universal logical constructions, the result of which, contrary to the expectations of the researchers carrying them out, was the reverse process of “legalization” of the applied universal logical constructions, their enrichment with the specifics of state-legal phenomena and institutions, justifying the independence of the subject area of legal logic, special attention in this work is paid to the study of the process of transformation of the metaphysical theory of G.V.F. Hegel into his political dialectics. For the purpose of identifying trends in the development of the methodological foundation of legal logic, this work examines the problems of the relationship between rationalistic and empirical approaches in legal research. At the conclusion of this study, the authors consider the question of the possibility of forming special theories of state and law, which was previously raised by Professor A.B. Vengerov, outlines the author's approach to this issue, and proposes an approach to the question of the place of legal logic in the system of scientific knowledge as a special theory of state and law.