Open AccessA LÓGICA DEDUTIVA SOB A ÓTICA DA INTERPRETAÇÃO JURÍDICA E DA TEORIA DA DECISÃO
Author(s) -
Ana Augusta Rodrigues Westin Ebaid
Publication year - 2011
Publication title -
colloquium humanarum
Language(s) - English
Resource type - Journals
eISSN - 1809-8207
pISSN - 1679-6470
DOI - 10.5747/ch.2011.v08.n1.h095
Subject(s) - legal positivism , positivism , constitution , state (computer science) , deductive method , deductive reasoning , epistemology , interpretation (philosophy) , democracy , realization (probability) , philosophy , law , perspective (graphical) , economic justice , politics , sociology , humanities , political science , legal research , computer science , legal realism , mathematics , social science , artificial intelligence , qualitative research , linguistics , statistics , algorithm
This paper discusses the application of deductive logical reasoning in the interpretation and legal decision, focusing on legal positivism and its base of constitution in a democratic state. The study aims to examine the contours of legal positivism from the perspective of one of its biggest critics: the philosopher Chaïm Perelman. The investigation begins with the study of deductive and inductive logic, examining its relationship with the law, to achieve a legal theory that reaches the philosophical and political ideals of a democratic state. The research indicates that despite the logical deductive method to develop as an important tool in the legal world, it is not enough to express adequately a complex system that involves, above all, values whose goal is to achieve the realization of justice.