Laws Of Logic Research Articles

Legal regulation: problems of understanding

In legal science and practice, the term “legal regulation” often denotes various phenomena. This leads to a violation of the logical law of identity and theoretical difficulties. The article presents a description of four independent approaches to legal regulation: functional, narrow cybernetic, power-based, and content-specific. The functional understanding of legal regulation presents it as a kind of impact of the law on public relations, during which legal consequences arise, that is, changes in the rights, legitimate interests and obligations of subjects of law, narrow cybernetic - as the movement of administrative legal information from its generators to addressees, power-based - as the activities of a powerful subject to use legal means within the framework of procedures to ensure the onset of legal consequences; content and industry - as a set of texts of legal regulations, systematized by industry criterion. Each approach has a tradition of application. A functional understanding of legal regulation is the most conceptual and practically grounded.

The Aristotelian law of the excluded middle and the language “Pitfalls” of modern scientific pedagogical dialogue

Modern dialogue in the semantic context of educational sciences plays an extremely important role as a tool for making science-based decisions as a means of assessing the efficiency of innovations proposed by various authors. However, the practice of modern scientific discussions in pedagogy reveals a lot of problems. Analysis of the research topic literature shows that the core of this problem is the failure to observe the rules of logically correct discourse by the dialogue participants. In the pedagogical dialogues, in particular, there is a simplified application of the logical law of the excluded middle introduced by Aristotle, which does not reflect the rich assortment of the educational field. It has a solid methodological basis in mathematics, in the humanities though (and in pedagogy, in particular), it is often used to analyze phenomena, objects, and scientific facts that go beyond the area of its adequate applicability. It is often used: a) for vague classification forms; b) for insufficiently and accurately defined objects; c) for pairs of events that are not opposite (in terms of probability theory) and mutually exclusive. It results in dialogues participants: a) solving the problems of choosing conceptual foundations and practical decisions for implementation in education incorrectly; b) coming to rigid, rigorous conclusions; c) unjustifiably abandoning many educational traditions, replacing them with insufficiently verified innovations. The problem is exacerbated by the fact that the participants in pedagogical dialogues lack mastery of stylistic resources, the use of which allows the inceptors of pedagogical ideas to achieve an adequate understanding of their inferences and conclusions made by other participants. These circumstances, supported by the provisions of the European researchers of education, determine the relevance of the chosen topic. The purpose of this article is: a) to find ways to conduct a logically correct pedagogical dialogue that actively uses the Aristotelian law of the excluded middle (both in a constructive format and in terms of prohibition criteria); b) to find stylistic resources of such a dialogue, combining the scientific rigor of the humanitarian logical form and stylistic aesthetic appeal. The results of the conducted research are the conclusions that an effective pedagogical dialogue using the law of the excluded middle is conditioned by: a) replacement of dichotomous, rigid forms in the logic “either – or” with a concomitant format of combination of “both the one and the other at the same time; but neither one nor the other separately”; b) appropriate stylistic tools, including: stylistic gradation, metaphor, oxymoron, and emphatic transposition. As negativity that must be overcome in every possible way, there are the “traps” of pedagogical dialogues that require constructive and prohibiting formats of the excluded middle principle: a) incorrect “play” on a high degree of uncertainty of the original defended premise; b) deliberate scientifically dishonest methods of substantiating their own conclusions, forcing opponents to recognize the correctness and validity of the dichotomous form applied to the phenomena to which it cannot be applied.

Peirce’s influence on Haack's reflections on the nature of logic

In her book Deviant Logic (1974), Susan Haack argued for a “pragmatist” conception of logic. This conception holds that, (i) logic is a theory on a par with other scientific theories, differing only from such theories by its degree of generality and (ii) the choice of a particular logic is to be made based on pragmatist principles, namely, economy, coherence, and simplicity. This view was contrasted, in this book, with an “absolutist” view of logic, according to which logical laws are necessary and immune to revision. Two decades later, however, Haack acknowledged, in the Introduction to an enlarged version of the same book, that she would not approach the question of the revisability of logic in the same way she did earlier. What was missing in her first book was a distinction between the question of the necessity of the laws of logic and the question of our fallibility in recognizing which are the true laws of logic and what structures are essential to representation. She also acknowledged that this change was mainly influenced by Peirce, with whose work she had “only the most superficial acquaintance twenty years ago”. In this context, this paper has two aims: (1) to show that, in Philosophy of Logics, we can find elements that reveal a tension between her early “pragmatic” views and her changing views on the nature of logic; (2) to present some hypotheses about the role Peirce may have had in this change.

THE IMPLEMENTATION OF PROGRESSIVE LAW AGAINST THE DEFENDANT ABILITY TO ACHIEVE SUBSTANTIVE JUSTICE

The enactment of the law in society aims to create justice, legal certainty, benefit and social empowerment for the community, to lead to the ideals of the court as a protector of society, the judge must always prioritize the 4 (four) legal objectives above in every decision he makes. This is in line with what the law is based on, namely the law for the welfare of the community. The poor are often victims of unfair law enforcement due to their ignorance of law enforcement and financial incompetence. The purpose of this study is to analyze the progressive law applied to poor defendants seeking substantive justice and to find out and analyze the state should be able to assist poor defendants in the judicial process in accordance with the rule of law principle. This research uses normative juridical method. Judges in deciding legal cases for the poor should have a progressive view, thus judges will conceptualize each article in the legislation not only as a statement about the existence of a causal (cause and effect) relationship that is straightforward according to logical law but also always contains moral substance originating from ethics and professionalism of judges.

Model Penguatan Pesan Damai Ala Wahid Foundation bagi Pendidikan Karakter Pemuda Muslim Jakarta Pusat

This study aims to analyze the peace concept of the Wahid Foundation and to analyze the application of the peace concept of K. H. Abdurrahman Wahid for youth. This research uses Ursula Martius Franklin's theory and binary logic law theory about peace. The method used is a qualitative research method with data collection through field observations, documentation, literature study, and interviews. The results obtained from this study were the Wahid Foundation peace concept, namely tolerance and respect for differences. Tolerance is characterized by accepting the existence of people or followers of different religions accompanied by respect for fellow human beings, the manifestation of this tolerance is an attitude of respect for plurality, respect for opinions. , an attitude of openness to differences, helping and defending as well as respecting people who are oppressed or treated unfairly, and upholding human brotherhood. Youth can also use some of the Wahid Foundation models in implementing this concept in the school environment through the peaceful school program, namely by means of dialogue, discussion, and simulation. Thus youth are trained to think critically, openly, and creatively and be able to position themselves when faced with situations that require tolerance to be applied.

Migration Processes in the Context of Behavioral Economics Theories

The aim of this article is to investigate the connection between behavioral economy and migration processes. Behavioral economics is a relatively new phenomenon in science and the fact that some research in this area has earned the Nobel Prize makes its contribution significant in the consideration of economic processes. The analysis of sources shows that in the field of Russian studies there is practically no mention of the fact that migration behavior can be explained by the behavioral economics theses. In this article, we explore several key ideas in this area: nudge theory, prospect theory, evolutionary game theory, cognitive distortion, and hedonistic adaptation. In this article, we put forward a hypothesis that migration processes can not only be explained from the standpoint of behavioral economics but can also be regulated using the tools of this direction. Behavioral economics can be the key for discovering the dynamics and true motives of migration. The analysis of information in this area shows, that a person makes decisions mainly based not on the laws of logic and rationalism. Paradoxes such as cognitive biases, etc. reduce the effectiveness of an individual's actions and provide an incentive for the scientific community to expand the number of empirical studies of migration processes within the framework of behavioral economics theories.

Three Short Arguments Against Goff’s Grounding of Logical Laws in Universal Consciousness

Abstract In this paper, I argue that Goff’s view that universal consciousness grounds logical laws such as the law of non-contradiction cannot be true on the grounds that we cannot guarantee the classical logic loving nature of universal consciousness that Goff desires in order to ground logical laws. I will present three arguments to show this.

Explanation of Stephen Hawking’s fallacy of the Big Bang Theory and denial of the existence of God

Hawking emphasizes the big bang theory as a practical theory, thus answering the question of how the universe began. It has been emphasized by Stephan Hawking. He, according to this ideology has had various outcomes related to the concept of God and the beginning of existence. He believes that all of Universal Existence is comprised of Material, Energy, and Laws of Physics, eventually leading to the independence of a Metaphysical God's existence for creation of the universe. This logical-fallacy study is based on the hypothesis that the Big Bang theory cannot be positive about the existence or non-existence of God. The main issue is the possibility of replacing God in the big bang. Since Hawking's expression of such an argument is distorted by the fallacy of detailed composition or co-authorship, it lacks philosophical rationality from a philosophical point of view. The explanation of what Hawking’s -with inconsistent differences- has expressed about this topic sheds light on the big bang being termed as the starting point of the creation of the universe cannot be convincing. This article seeks to explore the argument for the Big Bang theory to prove the non-existence of God and to apply rationality and the laws of logic to achieve the designated goal.

Analyzing Differentiable Fuzzy Logic Operators

The AI community is increasingly putting its attention towards combining symbolic and neural approaches, as it is often argued that the strengths and weaknesses of these approaches are complementary. One recent trend in the literature is weakly supervised learning techniques that employ operators from fuzzy logics. In particular, these use prior background knowledge described in such logics to help the training of a neural network from unlabeled and noisy data. By interpreting logical symbols using neural networks, this background knowledge can be added to regular loss functions, hence making reasoning a part of learning.We study, both formally and empirically, how a large collection of logical operators from the fuzzy logic literature behave in a differentiable learning setting. We find that many of these operators, including some of the most well-known, are highly unsuitable in this setting. A further finding concerns the treatment of implication in these fuzzy logics, and shows a strong imbalance between gradients driven by the antecedent and the consequent of the implication. Furthermore, we introduce a new family of fuzzy implications (called sigmoidal implications) to tackle this phenomenon. Finally, we empirically show that it is possible to use Differentiable Fuzzy Logics for semi-supervised learning, and compare how different operators behave in practice. We find that, to achieve the largest performance improvement over a supervised baseline, we have to resort to non-standard combinations of logical operators which perform well in learning, but no longer satisfy the usual logical laws.

La Matriz de Pertenencia y Pertinencia como instrumento transdisciplinar para la detección de necesidades, una perspectiva desde la lógica del tercero incluido

El presente trabajo contiene como elemento medular de estructura y análisis epistémico, la propuesta emergente de la investigación que respalda la tesis doctoral “El sentido de pertenencia como resultado de la detección de necesidades y como detonante de motivación para la mejora en el desarrollo individual: Un aporte desde el pensamiento complejo”, defendida en 2019 y que sirve como punto de partida al sugerir un paradigma inicial de investigación, basado en la concepción de marcos epistémicos comunes con respecto a la determinación de la conducta humana. Tal propuesta, denominada La Matriz de Pertenencia y Pertinencia, busca establecer la diferencia transcompleja que existe entre uno de los principios de la Lógica Aristotélica conocida como la ley del tercero excluido, la cual establece que: Ley de la lógica, según la cual de dos enunciados, cuando uno niega lo que se afirma en el otro, uno de ellos es imprescindiblemente verídico. La formuló Aristóteles. Así, de los dos enunciados: “el Sol es astro” (A es B) y “el Sol no es astro” (A no es B), uno es imprescindiblemente verídico. Teniendo en cuenta los enunciados de este género, la lógica formal tradicional a menudo formulaba la ley del tercero excluido del siguiente modo: “A es B, o no es B” (lo tercero no está dado: tertium non datur). Esta ley a menudo se utiliza en el proceso de demostración, en particular, en las demostraciones por reducción al absurdo. Y la iniciativa compleja del pensamiento del sur que establece al tercero incluido como la alternativa capaz de integrar los supuestos de una realidad parcelaria, mediante un diálogo de saberes donde el resultado emerja directamente desde el seno de sus componentes y no como resultado de una disertación lógica, sesgada y determinista.
 Palabras clave: Sentido de pertenencia, pertinencia, conducta, tercero incluido, pensamiento complejo.

On administrative responsibility of recipients of inter-budget transfers for violating the procedure and (or) terms of provision (expenditure) of inter-budget transfers

Subject. The article discusses administrative responsibility of recipients of inter-budget transfers (their officials) for violating the procedure and (or) conditions for provision (spending) of inter-budget transfers, including an attempt to determine the time of occurrence of the offense for which it is possible to bring to administrative responsibility. Objectives. The aim is to identify problems in the field of administrative and financial legislation that complicate the classification of violations of the procedure and (or) conditions for the provision (spending) of inter-budget transfers. Methods. The study draws on general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logic and comparative law methods. Results. The findings include the following: 1) the current legislation does not define the moment, after which an inter-budget transfer is considered as granted; 2) in some cases, laws and regulations directly establish the time, from which the provision of inter-budget transfer is considered completed; 3) if there is no such an indication in a regulatory legal act, presumably, the inter-budget transfer is considered as provided when the funds entered the single account of the budget of a public law entity; 4) violations of the procedure and (or) conditions for the provision of inter-budget transfers are possible even before the actual provision of such transfers. Conclusions. The current version of Part 3 of Article 15.15.3 of the Code of the Russian Federation on Administrative Offenses requires clarification as to the wording of the subject that committed an offense.

РЕАЛІЗАЦІЯ КОГНІТИВНОГО ПІДХОДУ В ПРОЦЕСІ ВИКЛАДАННЯ ЛЕКСИКОЛОГІЇ АНГЛІЙСЬКОЇ МОВИ НА ЗАНЯТТІ «INTRODUCTION INTO LEXICOLOGY»

The article describes the main methods used in lexicological research: component analysis, transformational analysis, contextual method, analysis of dictionary definitions. The problem of understanding theoretical material has always caused students rejection, because, in general, information is abstract and often disconnected from practice. One of the priority tasks of modern Ukrainian education is the need to create conditions for the comprehensive development and self-realization of the student's personality. One of the principles of the development of the education system in Ukraine is the humanization of the education system, which focuses on the organization of multi-level education. Nowadays, the training of a highly qualified specialist in intercultural communication (teacher or translator) requires a teacher of higher educational institutions to set and solve new problems related to the content and methods of teaching theoretical disciplines, and it is necessary to develop educational material in the spirit of the new age. Theory is always the most important component of the process of training an English teacher, since theory disciplines the mind, develops the logic of thinking and contributes to the development of such mental operations as classification, synthesis, comparison, which are the main characteristics of the cognitive approach. With the help of the above approach, students receive not just information about the subject, but solve problems that lead to this formation of knowledge, that is, using the laws of logic, they come to correct conclusions. In our opinion, the cognitive approach in the lesson "Introduction into Lexicology" should be the most used approach in explaining the structure of the subject of lexicology and the classification of methods used in lexicological research.  &nbsp

THE ART OF STAGE SPEECH IN THE CONTEXT OF CULTURAL AND LEISURE ACTIVITY OF A CULTUROLOGIST

The relevance of the study is caused by the fact that today there is a significant interest of scientists, educators in the educational process of higher education institutions that train culturologists and have a wide range of opportunities to involve student youth in various socio-cultural activities. The author of this paper suggests that the professional training of future culturologists should be aimed at personal cultural orientation in the modern world; comprehension of the set of cultural achievements of mankind; mutual understanding in cooperation with different people, and conducting a highly qualified dialogue with partners of other cultures. It is proved that professional training of culturologists as participants of high communicative culture will be more effective and efficient if they master the main tool of their professional activity – the art of stage speech, which is considered to be an exemplary speech, the highest level of professionalism of speakers, actors, directors, teachers, journalists, culturists, organizers of cultural and artistic projects and other. The author notes that the technique of speech as one of the sections of stage speech is an essential basic component of the professional skills of a culturologist. Quite an essential issue in the article is the substantiation of stage speech as a cultural phenomenon of the culturologist's personality, his socio-cultural activity. The organisation and holding of various cultural and artistic projects are based on communication. The author draws attention to the fact that mastering the course "The Art of Stage Speech and Public Speaking" gives the future culturologist the opportunity to: 1) master the knowledge of the laws of technique and speech logic, the formation of practical communicative skills on the material of different genre and style of dramatic forms; 2) the ability to build a public speech skilfully and persuade listeners, in this way ensuring the performer of successful communication with the audience and its activation.
 The practical experience has been generalized, which shows that: the success of any cultural and artistic project, the theatrical mass program depends on a successful combination of personal qualities and professional competencies of the specialist, among which an important place is given to stage speech; the skill of the performer on the stage, first of all, is determined by the skill of mastering the art of stage speech; having respect for verbal action as the main means of creating stage life, the organizer of cultural and leisure activities acquires a rare force weapon, the strongest means of influencing a person and not only his consciousness but also feelings.

Perspectives of Legal Policy on Balancing the Discretionary Provisions of the Tax Code of Ukraine

The purpose of the article is to reveal the key tendencies of legal policy to balance some discretionary provisions of the Tax Code of Ukraine. The author of the article has primarily used the formal and legal special research method. The emphasis has been placed on the fact that the legal institution of discretion in applying the norms of financial law is a complex legal category, which covers the procedural discretion of the subjects of authoritative powers under the norms of substantive (financial) law, as well as administrative and procedural discretion (judicial discretion of administrative justice ).
 The directions for improving the tax legislation have been outlined. It has been offered to recognize that the acts of local self-government agencies are not regulatory within the meaning of the Law of Ukraine “On Principles of State Regulatory Policy in the Sphere of Economic Activity” and Part 12 of the Art. 59 of the Law of Ukraine “On Local Self-Government in Ukraine” and requirements of the Law of Ukraine “On Principles of State Regulatory Policy in the Sphere of Economic Activity” are not applied to them. The author has stated the expediency of transferring procedural norms from the tax legislation to the specialized procedural act and has highlighted the ways of its implementation.
 The relevance of the research is that the globalization of economic relations at the global level requires the unification of standards of interaction, in particular based on the principle of “predominance of essence over the form” taking into account national characteristics of socio-economic system, related to the interests of real and potential market participants, existing resources and possible economic benefits. It has been concluded that the principle of legal certainty should determine the legal policy on the implementation of the provisions of financial and tax law. Excessive discretion of law-enforcement officials will certainly not promote the rule of law, but one should take into account the current socio-economic situation in the country. While formulating legislative initiatives, it is necessary to primarily rely on the logical laws, general theoretical ideas about the legal system, the rules of legislative technique and economic feasibility.

Newton da Costa on Hypothetical Models in Logic and on the Modal Status of Logical Laws

Newton da Costa on Hypothetical Models in Logic and on the Modal Status of Logical Laws

Aristóteles e a Lógica da Contingência: uma interpretação tradicional do argumento da batalha naval

Since Antiquity, the meaning and purpose of Aristotle’s sea-battle argument have been highly controversial. On the so-called traditional interpretation of De Interpretatione 9, the argument is intended to prove that not every statement is always true or false on the assumption deemed evident that facts may occur contingently in our sublunar world. In this paper I argue that this interpretation is for many reasons much more plausible than any of its competitors, so that its correctness is worthy at least of moral certainty. In particular, I contend that it can coexist in perfect logical harmony with a moderately charitable reading of Aristotle’s texts that at first glance it seems to confute. As a matter of fact, I contend that it is faithful to Aristotle’s view of logical laws as consequent upon the metaphysical structure of reality.

Eight Laws of Logic for the Forensic Construction Expert

Forensic experts’ primary and additional professional education does not include such a subject as logic. At the same time, knowledge of logic is crucial at all stages of the examination process. Filling this gap, the authors of this article reveal the content of the fundamental laws of logic and demonstrate their role in the cognitive activity of knowledgeable persons who implement their specialized (primarily construction and technical) knowledge in court proceedings. This paper deals successively with such laws of logic as the law of identity, the law of contradiction, the law of the excluded middle, the law of sufficient reason, the law of double negation, Clavius’s law, the law of contraposition, and laws of division (the dichotomy of logic) concerning various investigative and forensic situations. The projection of these laws of logic on the intellectual operations performed by experts will allow, from the authors’ point of view, to give the process of forensic examinations greater clarity and consistency, which, ultimately, should ensure an increase in its efficiency and quality of results. Logically verified approaches to work will also reduce time and financial costs.

Does Frege Have a Metalinguistic Truth-Predicate in Begriffsschrift?

AbstractIn the explanations of logical laws and inference rules of the mature version of Begriffsschrift in Grundgesetze, Frege uses the predicate “… is the True.” Scholars like Greimann maintain that this predicate is a metalinguistic truth-predicate for Frege. This paper examines an argument for this claim that is based on the “nominal reading” of Frege’s conception of sentences—the claim that for Frege a sentence “$ p $” is equivalent to a nonsentential phrase like “the truth-value of the thought that $ p $.” In particular, this paper attempts to establish two points concerning this argument based on the nominal reading. First, the argument implies a claim about the nature of assertion which Frege repeatedly denies in his mature works. Secondly, the nominal reading on which the argument depends is false. A sentence “$ p $” is not equivalent to a nonsentential phrase like “the truth-value of the thought that $ p $” for Frege. Our discussion will lead to an important lesson about Frege’s conception of sentences and of assertion.

Claims for damage to a public-law entity within the implementation of internal State (municipal) financial control: Theory and practice

Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.

Logos as a Source of Communicative Pressure Confrontation in Various Types of Discourse

The paper dwells upon the study of logos as one of the sources of communicative pressure destructiveness. The paper considers peculiarities of realizing logos conflictogenes in various types of discourse: legal, socio-political and artistic. The material for the study is represented by transcripts of the lawyers’ speeches in the courtroom, transcripts of the politicians’ speeches in the parliament and socio-political talk shows, interviews, as well as excerpts from the works of art. With the language norm adopted as a speech standard, it is proposed to single out argumentation as an individual non-rhetorical type of persuasion. Rhetorical types of persuasion distinguish between speech persuasion as a cooperative type and communicative pressure as a confrontational type. Introduction of conflictogenes into one or more components of the speech model qualifies the speech persuasion as communicative pressure. A logos conflictogene is represented by an illogical statement caused by violation of the laws of formal logic. It is concluded that conflictogenes can perform their primary and secondary functions on the basis of which their possible combinations in the communicative pressure speech model are presented. The paper establishes the primary nature of logos conflictogenes. Moreover, their implementation in the speech model leads to the formation of secondary conflictogenes in the ethos. Although logos conflictogenes can realize the primary source of communicative pressure confrontation, most often they are accompanied by primary conflictogenes of the other components in the speech model. As a rule, it is stipulated by the lack of valid arguments which makes the addresser intensify speech persuasion by appealing to the emotional sphere of the addressee’s consciousness. Logos conflictogenes realizing communicative pressure should be distinguished from communicative errors, which are of an accidental unintentional nature and do not serve the pragmatic goal of the statement.