Logic and Law in Russian and Western Culture
ABSTRACT: The purpose of my paper is to compare those texts of Russian and Western thinkers where the relations between logic and law are discussed, and especially to show both the differences and the agreements of their understanding of this connection. Second, I would also like to show and contrast the place of logic and law in Russian and Western systems of education. Third, I propose to clarify some conclusions from my analysis of these relations for understanding the social life of a country and its culture. I believe that this is possible since the relations between logic and law, which are a special subject-matter, are only a part of a larger whole. There is no hard and fast line separating the place of these relationships from the whole of culture. The quality of this relationship is an indicator in some sense of the nature of culture and of its democracy. I would like to show with regard to the West that the classical logical culture determines the types of rationalities, argumentation patterns, and various kinds of political and juridical rhetorics. The consequences of the lack of logical culture in Russia will also be shown.
The purpose of my paper is very simple. It is, first of all, to compare those texts of Russian and Western thinkers where the relations between Logic and Law are discussed, and especially to show both the differences and the agreements in their understanding of this connection. Second, the same time I would like to show and contrast the places of Logic and Law in the Russian and Western Systems of Education. Third, I propose to clarify some conclusions from analysis these relations for understanding the social life of a country and its culture. I...
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...usness" in: Shragin B., Todd A. (ed.),. Landmarks A Collection on the Russian Intelligentsia, Karz, publishers (1977), pp.113, 115.
(18) It should be noted that Western Law is deeply divided between Anglo-American and Continental European tradition. Nevertheless I shall not touch this division in the paper, which deals most of all with the philosophical aspect of the problem for which both of them are very close.
(19) See J. Austin, Lectures on Jurisprudence or The Philosophy of Positive Law, London (1869), pp. 1122-1123.
(20) This wide investigation (with I. Griftsova) is supported by the Russian Foundation for Fundamental Investigation (1997-1998); it was also supported by the Soros Foundation (1994-1996). The theme of the abstract is supported by the Soros Foundation and Remarque Institute of New York University during my Fellowship here in summer 1997.
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