What are the characteristics of legal logic?

Legal logic is a new frontier subject which is intersected by law and logic. The rise of legal logic in China was in the late 1970s and early 1980s. 1983 In September, China Legal Logic Research Association was formally established (1993 was renamed as Legal Logic Professional Committee of Chinese Logic Society). The first president was Mr Li Guangcan, a jurist, and the first honorary president was Mr Zhang Youyu, a famous jurist.

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At present, there is no unified academic system, and there are a lot of personal academic opinions. Sometimes, we can even see very strange and rare research. The difficulty of this kind of research lies in that jurists are unwilling to focus on one methodology, and those who only know methodology may not be interested in law.

The earlier origin of legal logic can be traced back to the wise, who can be regarded as natural legal persons and take logic as the main academic tool. Protagoras, the first wise man, not only legislated for a city-state, but also personally taught students logical methods (according to Russell, "wise man" almost means professor). A widespread paradox that is difficult to solve up to now is protagoras's paradox, which is a fabricated story recorded in The Night of Attica in Roman times, to the effect that he told his students not to pay tuition fees, but because there is an agreement in the oral contract that "unpaid tuition fees will only be paid when the students win the case for the first time". As a result, teachers and students gave different explanations. Other wise men have made greater contributions to the training of law students. Later, in value analysis, Socrates made a logical study of many modern legal terms. The question-and-answer method he adopted influenced the modern case teaching method in America. Generally, we should call it Socrates' teaching method. Plato, a disciple of Socrates, contributed to dialectics, which is actually only the development of definition and division technology. Plato's contribution to law is obviously one of the greatest contributions of Greece. Aristotle completed the synthesis of logic, and he was also a great contributor to law. His syllogism directly produced modern judicial syllogism, and his rhetoric successfully inspired people to study court debate.

The real legal logic should be that during the Roman period, almost all sound legal concepts and legal techniques were realized during the Roman period. This is a super-cultural factor that affects the world.

Modern legalists highly admire legal logic, but they study judicial format rather than specific legal technology.

Modern jurisprudence must inevitably be studied by means of legal logic from two aspects. One is the methodology of legal interpretation, and people are debating whether legal reasoning can be formalized. If we study it from a formal point of view, legal interpretation can ultimately be attributed to a formal evaluation. The normal platform is the same, but the initial values are very different. This study clarifies the difference between form and value. The other direction of legal logic is the demonstration of litigation facts. People expect to know the essence of legal argumentation, the possibility of proof, the techniques and means of proof, what evidence is independent of logical rules or even anti-logical rules, and why these variations are possible.