LOGICAL INCOHERENCE OF LEGAL REASONING
Journal of college of Law for Legal and Political Sciences,
2021, Volume 10, Issue Issue 39 part 1, Pages 90-114
AbstractWe believe that the relationship of the science of logic to the law is the same as the relationship of the science of the fundamentals of Islamic jurisprudence in it as both sciences are considered automatic or servant sciences to other sciences, and one of the most important sciences that need the science of logic and the fundamentals of Islamic jurisprudence is the science of law. In spite of the importance of the science of logic, from which every human thought process can not be separated, we find this importance increases if the thinking process is related to the will of a legislator who sets a binding discourse for individuals. Therefore, legal studies have deliberately applied the science of logic in the law under the name of legal reasoning or Judicial logic, except that his ruling remains the same as the rule of the principles of Islamic jurisprudence, which did not find him real effectiveness in employing it in the field of law, and the reason is due to the failure to apply the general logical rules of ratifications, logical inference and logical arguments in the field of law, which made this application distorted until it led to The fall or decline of legal logic, and thus legal logic cannot be included under the issues of general or aristotelian logic, We will divide this research into two sections: As we will devote the first topic to the features of the relationship between law and logic, while in the second topic we will single it out to the loss of the real employment of logical rules.
- Article View: 10
- PDF Download: 370