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The Doctrine of the Concept and Modern Legal Studies

https://doi.org/10.17803/1729-5920.2025.219.2.112-129

Abstract

In modern legal research, outdated logical information is actively used. The paper shows that traditional logic, in general, is not capable of an adequate analysis of concepts and relations, which sharply narrows its possibilities. In the course of the study, it was found that any concept is not a thought about an object, but a property or relation, i.e., an n-local predicate. Therefore, the division of concepts into concrete and abstract ones is meaningless. The idea of the content of a concept is the weakest point of traditional logic, because questions about the composition of the content and the number of features of the content are not even raised. The paper proves that the content of any concept is always an infinite set of formulas (signs). Since the volumes of concepts can contain any number of elements, there is no quantitative relationship between the volume and the content of concepts, which is not a criticism of the law of the inverse relation, but its denial. The analysis of the doctrine of the concept carried out by means of modern logic significantly expands the possibilities of both everyday and scientific practice, in particular modern legal research.

About the Authors

A. M. Anisov
Institute of Philosophy, Russian Academy of Sciences
Russian Federation

Aleksandr M. Anisov, Dr. Sci. (Law), Professor, Leading Researcher

Moscow



O. V. Malyukova
Kutafin Moscow State Law University (MSAL)
Russian Federation

Olga V. Malyukova, Dr. Sci. (Law), Professor, Department of Philosophy and Sociology

Moscow



References

1. Anisov AM. Modern Logic and ontology. Moscow: Lenand Publ.; 2022. Book 1; Book 2. (In Russ.).

2. Boyshvillo EK. The concept as a form of thinking. Logical and philosophical analysis. Moscow: Librocom Publ.; 2019. (In Russ.).

3. Goloskokov LV. Review of the dissertation of Ilyin Nikolay Nikolaevich «Transport expertise in criminal proceedings in Russia: Theory and practice». Available from: https://academy-skrf.ru/dissov/infozash2023.php. (In Russ.).

4. Gorsky DP, Tavants PV, editors. Logics. Moscow: State Publishing House of Political Literature; 1956. (In Russ.).

5. Kant I. Criticism of pure reason. Moscow: Nauka Publ.; 1999. (In Russ.).

6. Kapella M. The marriage of Philology and Mercury. Moscow; St. Petersburg: Center for Humanitarian Initiatives, Petroglyph Publ.; 2019. (In Russ.).

7. Kondakov NI. Logical Dictionary—Reference Book. Moscow: Nauka Publ.; 1975. (In Russ.).

8. Livshits V. Livshits’ Defense: Lawyer’s Stories. Moscow: AST Publ.; 2009. (In Russ.).

9. Lukasevich Ya. On determinism. In: Philosophy and Logic of the Lviv-Warsaw School. Moscow; 1999. p. 185. (In Russ.).

10. Malyukova OV, Matronina LF. The technology of scientific knowledge. Moscow: Prospekt Publ.; 2021. (In Russ.).

11. Ponomarev DE. Law and Rationality: At the origins of legal thinking. Rossiyskiy yuridicheskiy zhurnal [Russian Juridical Journal]. 2020;3:9-14. (In Russ.).


Review

For citations:


Anisov A.M., Malyukova O.V. The Doctrine of the Concept and Modern Legal Studies. Lex Russica. 2025;78(2):112-129. (In Russ.) https://doi.org/10.17803/1729-5920.2025.219.2.112-129

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)