1.2 Carneiro
Maria Francisca Carneiro. (2011). Heterodox Logic and Law: Topics for a report on philosophy and hermeneutics. International Journal of Law, Language & Discourse 1(2), 53-76.
Abstract: Logics – more specifically the so-called heterodox logic – come to light in order to reveal from their own basis significant achievements for the fields of law and science in general. The purpose of this paper is not to recapitulate the classical issue of the logic of law, neither it is to review its history in reference to norms taken individually, but rather to spark preliminary considerations about such norms with the philosophical approach for legal sciences focusing on heterodox logic. The central thesis of heterodox logic applied to law is that intuition is based on uncertainty, ambiguity, vagueness and inconsistency without trivialization when dealing with contradictions and complementarities, as shown by the theorems that validate them. Thus, new questions are relevant to some problems referring to law structure or, in other words, to legal orderings. The role of heterodox logic lies in solving such problems. The importance of hermeneutics is unquestionable in the theoretical construction of law particularly for feeding the human and social nature of that knowledge. Nevertheless, it is impossible to deny a certain “epistemological crisis” in written law at the moment in regards to the complex social issues for which the jurisdiction will have to be, scientific, precise and satisfactory as much as possible.
Keywords: law, logic, hermeneutics, philosophy, paradox, contradiction
Category: Volume 1
