Abstract

NEVAREZ MONCAYO, Juan Carlos; MONTECE GILER, Salomón Alejandro  and  CACPATA CALLE, Wilson Alfredo. Legal logic, a substantial tool for understanding the relationship between the state and the law. Universidad y Sociedad [online]. 2020, vol.12, n.6, pp. 437-443.  Epub Dec 02, 2020. ISSN 2218-3620.

The use of traditional logic in law, being useful, was little developed. Moreover, since the 19th century it has been surpassed by classical logic, which assumes it, surpasses it and projects it into superlative levels. But the fact that [classical] symbolic logic has been greatly developed does not mean that it has been applied to law. On the contrary, traditional logic continued to be used in the legal sphere, and it actually paid off for the jurist. However, the new logic applied to law would not come into being until 1951. That is, although traditional logic existed since Aristotle and even before, and besides, jurists used it (basically, corpus juris civilis transcribes an architectural logic), the truth is that when symbolic logic (i.e., classical logic) is developed, jurists do not take notice and continue using traditional logic. In short, our work is focused on determining the importance of the application of legal logic, first as a necessary science of study, and second as a substantial tool that allows operators and administrators of justice, take advantage of it in favor of those administered at the time of litigation, and resolve judicial decisions.

Keywords : Logical; legal; right.

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