Cherdantsev A.F. - a leading researcher of the issues of applying logic in legal science and practice

Cover Page

Cite item

Abstract

A systematic analysis of the main provisions of the logical and methodological problems of legal science and practice developed by A.F. Cherdantsev - Russian jurist, Doctor of Law, Full Professor, Honored Scientist of the Russian Federation is given. The creative contribution to the development of logical legal issues, made by the author, is expressed in underpinning of the new term “logical-linguistic phenomena”, as well as critical analysis of Russian jurists proposals to treat philosophy of rights and logic of law as independent branches of scientific knowledge. In addition, the author gave reasonable recommendations regarding the logical nature of a number of leading logical and linguistic phenomena: concepts, terms, definitions, norms of law, principles, facts, legal constructions, etc. The article, further, evaluates the research of A.F. Cherdantsev methods of interpretation of law, skillful possession of which, in his opinion, is the key to the successful activity of a lawyer both in the field of legal science and practice. The author's proposals on the composition, structure and content of methods of interpretation of law are supported. Among the main contentions of the author's novelty is his detailed systemic characteristic of the methods of law interpretation, where decisive importance is attached to the analysis of special methodological principles of cognition forming the content of these methods.

About the authors

Vladimir M. Syrykh

Russian State University of Justice

Author for correspondence.
Email: 2707xyz@mail.ru
SPIN-code: 2073-4106

Doctor of Legal Sciences, Full Professor, Chief Researcher, Honored Scientist of the Russian Federation

69 Novocheremushkinskaya str., Moscow, 117418, Russian Federation

References

  1. Alekseev, S.S. (1981) General theory of law: textbook. Moscow, Yuridicheskaya literature Publ. (in Russian).
  2. Asknaziy, S.I. (1948) General questions of methodology of civil law. Scientific notes of Leningrad State University. Legal Science Series. (1), 3-50. (in Russian).
  3. Cherdantsev, A.F. (1972) Questions of interpretation of law. Sverdlovsk, Publishing house of the Sverdlovsk Legal Institute. (in Russian).
  4. Cherdantsev, A.F. (1972) The main problems of the theory of interpretation of Soviet law: Diss … doctor Legal of sciences. Sverdlovsk: Sverdlovsk Law Institute. (in Russian).
  5. Cherdantsev, A.F. (1993) Logical and linguistic phenomena in law, legal science and practice. Yekaterinburg, Ural Publishing Company ‘Nauka’. (in Russian).
  6. Cherdantsev, A.F. (1999) Theory of state and law: textbook for universities. Moscow, Yurait-М Publ. (in Russian).
  7. Cherdantsev, A.F. (2002) Interpretation of law and contract. Part 1. Yekaterinburg, Ural State Law Academy.
  8. Cherdantsev, A.F. (2012) Logical and linguistic phenomena in jurisprudence: monograph. Moscow, Norma Publ., INFRA-M Publ. (in Russian).
  9. Engels, F. (1958) Anti-During. In: Marx K. and Engels F. Writing. V. 20. Moscow, Politizdát Publ. (in Russian).
  10. Kerimov, D.A. (2019) Philosophical problems of law. Moscow, Norma Publ. (in Russian).
  11. Korelsky, V. M. (2001) Methods of the theory of state and law. In: Theory of state and law. Moscow, Norma Publ., INFRA-M Publ. (in Russian).
  12. Lazarev, (1972) V.V. Application of Soviet law. Kazan, Kazan Publishing House. University. (in Russian).
  13. Lenin, V.I. (1970) Complete collected works. Edition 5. Vol. 44. Moscow, Politizdat Publ. (in Russian).
  14. Nersesyants, V.S. (1998) Philosophy of Law: textbook for universities. Moscow, Norma Publ., INFRA-M Publ. (in Russian).
  15. Pigolkin, A.S. (1962) Interpretation of Normative Acts in the USSR. Moscow, Gosyurizdat Publ. (in Russian).
  16. Pigolkin, A.S. (2003) Subject and method of the theory of state and law. In: Theory of state and law: Textbook for law schools. A.I. Abramova, S.A. Bogolyubov, A.S. Pigolkin et al. Moscow, Gorodets Publ. (in Russian).
  17. Tenenbaum, V.O. (1976) Introduction to the general theory of the state. Saratov. (in Russian).
  18. Tikhonravov, Yu.V. (1997) Foundations of the philosophy of law: textbook. Moscow, Vestnik Publ. (in Russian).
  19. Vasil’ev, A.V. (1976) Legal categories. Moscow, Yuridicheskaya literature Publ. (in Russian).
  20. Vasil’ev, A.V. (2017) Theory of law and state. textbook. Moscow, FLINTA Publ. (in Russian).
  21. Vengerov, A.B. (1998) Theory of the state and law. Moscow, Yurist Publ. (in Russian).

Copyright (c) 2022 Syrykh V.M.

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

This website uses cookies

You consent to our cookies if you continue to use our website.

About Cookies