Fundamentals of Logic and Legal Concepts

The General Principle of Contradiction

Two contradictory statements cannot both be true. In the legal principle, two conflicting legal norms may not both be valid.

Logic

It is the science of thinking, that is, studying the structures of thought.

Divisions of Logic

• Formal Logic: ("minor logic") The formal study of science; it teaches the rules necessary for correct reasoning.
• Material Logic: ("major logic") Examines the material conditions of science and discusses or addresses reasoning based on the principles on which it depends.

Principle of Identity: In every true judgment, the subject concept is identical to the predicate concept.

Principle of Contradiction: Two contradictory judgments cannot be true at the same time and under the same aspect.

Principle of Sufficient Reason: A true judgment is one that exists for a reason.

Legal Logic

It is the systematic study of the structures of rules, concepts, and legal reasoning. It systematizes and determines the structure of the rules.

Language

It is a systematic, orderly, and organized set of symbols to which meaning is attributed for deliberate human communication.

Speech

It is the practical application of language. It is the expression of the content of consciousness through language. Predefined speech can exist without language.

Semiotics

The general theory of signs. It is the discipline that studies the representative elements of the process of human communication.

• Concept: It is the intellectual apprehension of an object.
• Judgment: It is the intellectual process by which we compare two or more concepts, affirming or denying something.
• Rule: It is a duty for the subject it addresses.
• Reasoning: It is a relationship between judgments, as judgment is among concepts.
• Deduction: This is the reasoning by which one goes from a general principle to a particular one.
• Analogy: A way of thinking that allows us to make singular inferences from singular or particular premises.
• Inference: Is the concept of reasoning by which, based on one or more propositions accepted as true.
• Modus Ponens: You can go from two premises to a conclusion.
• Modus Tollens: You can go from two premises: a conditional sentence, and a proposition that denies the consequent.
• Deontic Logic: Called "logic of the rules." It is the logic of "ought," of science, or a treaty of obligations.
• Argumentation: The ordered set of propositions of which one (consistent) is established as inferred from the others (background).

Legal Definitions

• Objective Law: What, under the authority of empowerment, one can do or omit.
• Scope of Duties: The subject of the complaint is required.
• Copula: The part of the rule of law that binds, the Right-Hand Side.
• Independent Subjective Right: It is not founded on a legal duty.
• Dependent Subjective Right: It is based on a legal duty.
• Legal Freedom: The right to choose between the exercise and non-exercise of a right.
• Legal Act: The realization of a bilateral norm.
• Exercise of a Right: The realization of legally permissible conduct.
• Legal Relationship: The link with the peremptory norm is a stable bound attribute.
• Right to Exercise Power: It is not founded on a legal duty of the holder.
• Legality: It is the attribute of any conduct contrary to legal duty.
• Restriction of Liberty: The exterior of a person.
• Subject of Law: Any being capable of having powers and duties.