From a certain degree of perspective，The interaction between law and logic is almost as long as the history of Western civilization。As American jurist Luo Wenjie said，Logic has always been considered by philosophers to be the special property and main foundation of the law，At least from the era of Aristotle。

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In the Aristotle era，The presence of the professor of lawsuits and lectures is prevalent，The "sophistry" division of the "sophistry" division of the wise men called the "sophistry"，It is the motivation of Ya's creation logic。

Pruo Tagora is known as the first wise man in ancient Greece，When he recruits students, he will sign a contract with the students: students pay half of the tuition，After graduating, I will win the other half after winning the first lawsuit。But his student Obitz did not fight for a lawsuit for others，He then brought Ou to court，Proposed the following demonstration: If I win the lawsuit，So according to court rulings，Ou Shi should pay me the other half of the tuition; if I lose a lawsuit，This means that after graduating from Ou's graduation, I won the first lawsuit，So according to pre -contract，Ou Shi should also pay me for the other half of the tuition。But，As a Pupi's high football，Ou Shiran's response，and proposed the opposite argument: If I win the lawsuit，So according to court rulings，should not pay the other half of the tuition; if I lose a lawsuit，So contract according to advance，Do not pay the other half of the tuition。So far，Judge is in a dilemma: logically，If the court supports the demand of one party，It must support the demand of the other party; however, their demand is conflict，It is impossible to get support at the same time。Therefore，"Half -Feed Litigation" is also known as the "court paradox"，Also known as "Proveno Paradox"。From the perspective of Ya's，This argumentation of the wise men is a sophistry。For this，He proposed three paragraph analysis methods，so as to draw the world with these so -called "sophistry"。

After Aristotle，Europe Bet365 app download entered the Roman Empire era，But the logic of the three paragraphs of Yasan is still highly respected。Roman Fa Thought is still the spiritual kernel of Western law，The influence of the three paragraphs of the law is even more global。Of course，In the Middle Ages，In addition to the logic of the three paragraphs of Ya's，Studor's Introduction Logic also plays an important role in Roman Dharma，Some people even think that the origin of the basic principles of Roman France can be traced back to the thought of the Stocks School。In fact，The logic behind the case of the Pusho is exactly the logic of the Stocks of Stood，instead of the logic of the three paragraphs of the Ya family。

Law and logic are "close friends" 

1588，British poet Franus said in his poem collection "Logic of the Legal People": "I have no reason to think that the law and logic should not be the closer、The closest friends，Therefore，It is best to think that they are ... I find logic in our law，And I think I have found it。"From the perspective of poetry description，We have reasons to believe，The relationship between law and logic was quite close at the time。

In the interaction process of law and logic，Labniz is a key figure，The doctoral dissertation of its 1666 "On the Legal Situation of Mixing" has a profound impact on future generations。Lai Shi believes，There are too many concepts in the existing legal system，But as long as you find a generalized mathematical language，The correctness of all demonstrations can be attributed to some calculation，In addition to factual errors, it can only be calculated errors，The mixed situation in the thinking can be solved。His thoughts were later called "the dream of Leibniz"，Also known as the "Dream of the Legal Find Chemical System"。For this，He proposed two basic assumptions: one，All thoughts are composed of a very small amount of simple thought，And these simple thoughts to form a letter system for human thought;，The complex thoughts start with simple thinking through a unified symmetrical combination，Combination is similar to arithmetic operations。Although the preset of "Lai's Second Assumption" is too strong，Bet365 lotto review Therefore, it is challenged，But the La's legal axiom system still has many supporters。German French philosopher Pushita is one，He believes that law is an organic system constructed in accordance with the rules of formal logic; the judgment is the result of calculating the concept of legal concepts as a mathematical factor; The system can only produce。

The publishing of Fredig's "Conceptual Text" in 1879 is a sign of mature logic in modern forms，Treating the mathematical steering of logic。Form logic is after excluding all kinds of elements，From the perspective of formal semantics and formal sentences，Logic of pushing theory analysis and evaluation。Aya's three -paragraph logic and Stoode proposition logic belong to the traditional form logic，And Family is the founder of modern form logic。"Conceptual Text" was published after publishing，Although it did not immediately bring a huge shock to the academic community，But American realist jurists obviously noticed the potential influence of logic on law。In 1881 Holmes had warned people，"The life of the law is never logic but experience"。According to the interpretation of Fox in 1990 in the article "Law and Logic"，Huo does not think that logic in the law is not important，Instead, it is emphasized not to exaggerate the role of logic in law，or mistakenly believes that logic is the only motivation of legal development。In fact，The article "The Road to Law" published by Homs in 1897，Just confirming the appropriateness of Fox's interpretation。This article says，"The training of the legal person is logical training，The language of the judicial ruling is mainly logical language "。From this point of view，Homes pays great attention to the interaction between law and logic，Never denying the importance of logic to law。

　　Floating of the concept of "legal logic" 

In the English World，"Legal Logic" is a controversial term。The first person to use the "legal logic" term may be Kun。1916，What he said in "Reasons and Essentials"，Feng Yelin and Homs never deny the importance of "legal logic" when emphasizing other factors。Representative of French realism Frank published "Law and Modern bet365 live casino games Spirit" in 1930，It proposed that "legal certainty is a basic myth" assertion。For this work，1931 "Columbia Legal Review" invited the representative of the legal realism, Lulein、Philosopher Edler and legal logicist Cook wrote three book reviews of "legal illusion", "legal certainty" and "legal logic"。Obviously，There are differences in three scholars。Know only from the title，Lu Elin believes that the legal certainty is invisible、Can't touch，Is a phantom，It means that logic is almost eliminated in law; Edler and Cook clearly identify with the existence of the law，Especially Cook，He clearly used the "legal logic" term，And believes that Frank did not deny the usefulness of form logic in law。

After the logic math steering，Especially after entering the 20th century，Modern form logic occupies the dominant position of logic，Some people even use "modern logic", "modern formal logic", "formal logic" and "logic".。So，Follow whether there are "legal logic" around the legal and logical world，Dutch scholars Hachs and Schutman's debate is the representatives。Has believe that there is legal logic，and Shu's thought there was no。Shu's thinks，Not only one logic, but there are many different types of logic，such as classic logic and intuitional logic、Proposition logic and predicate logic、Monotonous logic and non -monotonic logic, etc.，But there is no "legal logic" at all，Just as there is no "strawberry logic"。Schushateman's opposition to the existence of legal logic，It is because he is obviously single，That is "logic, formal logic"，There is no "substantial logic" or "informal logic" at all。

On the issue of interaction between law and logic，Pereerman is also a key person who has to mention。2012，His disciples held a 100th anniversary meeting for him，Published papers collection The main title is "Pereelman"，The subtitles are two keywords: one is "new rhetoric learning"; the other is "legal logic"。Pei is the supporter of the legal logic theory。but，different from the legal logic view of Harbin，He believes that legal logic is essentially an intangible logic，Treatment of legal logic as the bet365 Play online games opposite side of formal logic，Its legal logic is based on anti -form logic，and the legal logic of Has' is the expansion and extension of formal logic in the law。Actually as early as 1968，Pei has already explained the core issues of "Shuha's dispute" clearly。His article "What is Legal Logic"，clarified why Engus avoids the use of "legal logic" term when dealing with the interaction of law and logic.。Engis believes that legal logic should be a substantial logic that can evoke people awakening，But the "logic is formal logic" logic outlook that prevailed at the time。Because of this，Most jurisprons do not use "legal logic" to use "legal reasoning", "legal argument" or even "legal thinking" to explore the interactive results of law and logic。

The valuable one is，When the "legal logic" term is excluded in the English world，Chinese legal logicists still firmly support the term。A powerful evidence is，In 1983, my country established the first level of the China Legal Logic Research Association，In 1993, the Society was included in the Chinese Logic Society as the Legal Logic Professional Committee。Not only that，In my country's current effective subject classification standards，Legal Logic or Law First -level Discipline Theory Law under the secondary discipline of the second discipline。After entering the 21st century，"Legal Logic" terminology in the English world has signs of recovery，This shows that the persistence of Chinese legal logicists may be right。

　　Legal logic to promote the rise of legal technology 

Legal Technology belongs to law、cross -research field of science and technology，Follow how to make full use of artificial intelligence、Modern science and technology such as cloud computing and big data to improve the quality of the rule of law。my country's Smart Court、Smart Public Security、Smart Procuratorate and other projects belong to the category of legal technology。Look at the history of legal logic，Legal logic research needs to be directed at "double brain": First, the human brain，Following how the legal person should conduct legal reasoning and argument，For example, the work of the wise men mentioned earlier; the second is Bet365 lotto review the computer，Follow how to use machines to achieve automatic legal reasoning。

The rise of legal science and technology cause directly related to the interaction between law and logic。If Leibniz's dream of axiomal axiom system is a pioneer of legal technology，So the legal logicist Luo Wenjie and Allen should be a pioneer in this field。As early as 1949，Luo Wenjie proposed the concept of "legal measurement"，Try to combine the flexibility of humanities and social sciences with the rigidity of natural sciences，To solve legal issues，Its goal is to "open a few windows on the house of law，The people in it can see，Open a few more doors，People outside can walk in "。As early as the 1950s，The American Law Association established the Science and Technology Law Branch，Dedicated to explore the integration of law and technology。Later under Allen Promotion，In 1959, the branch also founded the conference "Modern Application of Logic in Law"，Editor -in -chief of Alan，1966 renamed "Legal Measurement: Law、Science and Technology Magazine "and use it so far。Legal metering seems to have become a pronoun for legal technology。

other，The booming development of legal science and technology is inseparable from the vigorous promotion of the International Law Artificial Intelligence Society。International Legal Intelligence Society originated from the International Legal Intelligence Academic Conference held in Boston, USA in 1987。With this meeting，A group of jurists with common hobbies、Computer scientists and legal logicists gather together，Discuss the integration technology of law and technology。The association was later fixed into an international academic conference for two years，The topic of its discussion has also formed a new discipline branch: legal information。When the third international legal artificial intelligence conference was held at Oxford University in 1991，These like -minded people not only announced the establishment of their own academic community -International Legal Intelligence Society，and founded the conference magazine "Legal Artificial Intelligence" (quarterly)。Learning bet365 live casino games website lists the nine major issues that the community follows，Such as "Form Models of Legal Inference", "Computing Models of Legal Research and Ruling", "Calculation Model of Evidence Inference", "Legal Inference in Multi -main Anthology"，These topics are obviously closely related to the interaction between law and logic。Especially the "Form Model of Legal Inference" is listed as the first of the 9 major issues，This is enough to indicate the crystallization of the interaction of law and logic — the basic status of legal logic in legal science and technology。No wonder Turmin once broke: "Logic is a generalized law。”

　　(The author is a professor at Guanghua Law School of Zhejiang University)