Cherdantsev A.F. - a leading researcher of the issues of applying logic in legal science and practice
Journal: RUDN Journal of Law (Vol.26, No. 1)Publication Date: 2022-03-24
Authors : Vladimir Syrykh;
Page : 25-39
Keywords : philosophy of law; logic of law; logical-linguistic phenomenon; methods of law interpretation; concepts; definitions; rule of law; composition of methods of law interpretation; grammatical; logical; systemic; historical and functional methods;
Abstract
A systematic analysis of the main provisions of the logical and methodological problems of legal science and practice developed by A.F. Cherdantsev - Russian jurist, Doctor of Law, Full Professor, Honored Scientist of the Russian Federation is given. The creative contribution to the development of logical legal issues, made by the author, is expressed in underpinning of the new term “logical-linguistic phenomena”, as well as critical analysis of Russian jurists proposals to treat philosophy of rights and logic of law as independent branches of scientific knowledge. In addition, the author gave reasonable recommendations regarding the logical nature of a number of leading logical and linguistic phenomena: concepts, terms, definitions, norms of law, principles, facts, legal constructions, etc. The article, further, evaluates the research of A.F. Cherdantsev methods of interpretation of law, skillful possession of which, in his opinion, is the key to the successful activity of a lawyer both in the field of legal science and practice. The author's proposals on the composition, structure and content of methods of interpretation of law are supported. Among the main contentions of the author's novelty is his detailed systemic characteristic of the methods of law interpretation, where decisive importance is attached to the analysis of special methodological principles of cognition forming the content of these methods.
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Last modified: 2022-03-24 07:00:08