Experimental logic in legal analysis and communication: theory and practice
| Autor | Joanna Osiejewicz |
| Cargo | University of Warsaw, Poland |
| Páginas | 990-1004 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 04 - Ano 2020
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
990
EXPERIMENTAL LOGIC IN LEGAL ANALYSIS AND
COMMUNICATION: THEORY AND PRACTICE
Joanna Osiejewicz
1
Abstract: The concept of experimental
logic of John Dewey assumes that
creativity and subjectivity are the basis
of a complex system of legal institutions.
The aim of the article is to discuss this
concept, to show its assumptions in
relation to legal reasoning and to justify,
based on this concept, an experimental
approach to solving legal problems. A
lawyer who wants to go beyond matrix
thinking must develop a certain mental
and practical agility. Understanding and
applying the experimental logic of John
Dewey allows for achieving this agility.
Although the reasoning based on the
assumptions of formal logic is
undoubtedly necessary in the work of a
lawyer, any strict application of the
syllogistic form is not appropriate, as it
does not refer to the actual development
of law. The dichotomy between theory
and practice is completely illusory, since
the solution of a legal problem must take
into account all its aspects, not only its
formal part.
1
University of Warsaw, Szturmowa Street, 4, Warsaw, 02-678, Poland. E-mail: prof.osiejewicz@tanu.p ro
Keywords: legal communication,
experimental logic, legal analysis, legal
reasoning, pragmatics.
Introduction
Pragmatic legal reasoning
allows for a flexible approach to legal
problems. Unlike formal logic based on
the "if – then" syllogism, this method of
analysis gives the opportunity to choose
effective tools of reasoning and
communication, tailored to the
circumstances of the given case. A
lawyer who wants to go beyond matrix
thinking must develop some mental and
practical agility. Understanding and
applying the experimental logic of John
Dewey (Mendell, 1994), an American
philosopher creating at the turn of the
19th and 20th centuries allows for
achieving this agility. His concept of
pragmatic legal reasoning assumes that
creativity and subjectivity are the
foundation of a complex system of legal
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