Логические аспекты обоснования решения

С. 211–232.

Lisanyuk E., Тимошина Е. В.

In the paper, we advocate the claim that the requirement of the logical correctness of the justification of legal decisions, which is the cornerstone of the deductive model of law enforcement, on the one hand, is insufficient, for it provides no formal soundness of legal decisions, and on the other hand, it is too restrictive, because the proof of its formal consistency provides no demonstration of the compatibility and coherence for its conceptual steps of justification. Without abandoning the rational ideal of the logical correctness of the justification of legal decisions and with the help of the artificial “Alice case”, we show that for the reconstruction of the justification as a deductive inference it is necessary and sufficient that the content of the decision — the conclusion of law enforcement reasoning — be compatible with the content of its premises, from which it is inferred. For the constructing of such reasoning, rejection of the incoherent elements is more important than meeting the requirement of the logical correctness. The contribution of E.V. Bulygin to the development of the deductive model of law enforcement, to which our study is devoted, does not exempt it from the epistemic and social limitations.

Keywords: решение, обоснование, норма, нормативная система, дедуктивная модель правоприменения

In book

Как возможна логика в праве?

СПб.: Алетейя, 2021.