Preview

Russian Law Online

Advanced search

Logical Foundations in the Study of Aristotle's Politics and Law

https://doi.org/10.17803/2542-2472.2026.37.1.090-097

Abstract

The paper is devoted to the metaphysical and logical foundations of Aristotle’s doctrine of law and the state. In the Nicomachean Ethics, he referred to his teaching as the «science of state law», while in the Politics he called it «political science». In other words, he assigned his doctrine to the highest level of cognition — that of reason. In his pursuit of truth in the understanding of law and the state, Aristotle employed both categorical and dialectical syllogisms. Over the course of the millennia, the problems raised by Aristotle have remained central to the study of the state and the theory of law, which makes it possible to regard him as a founder of legal science. At the same time, Aristotle posed the problem of the use of the practical syllogism in lawmaking and law enforcement. On the one hand, such a syllogism is the result of the free will and rational judgment of the statesman; on the other hand, it constitutes a prescription concerning proper conduct. In the modern era, a new non-classical logic — deontic logic — began to take shape. During its formation, the problem was raised that prescriptive statements are neither true nor false. By the mid-twentieth century, thanks to the works of G. H. von Wright, the development of deontic logic was completed with this position taken into account. However, first, Aristotle’s practical syllogism, according to the philosopher’s own doctrine, is itself a prescription concerning what ought to be, and its premises are neither true nor false. Second, the development of deontic logic in the second half of the twentieth and early twenty-first centuries once again raised the problem of truth in law. This makes it possible to argue that Aristotle’s doctrine of the practical syllogism laid the foundation for the emergence of deontic logic.

About the Author

M. O. Akishin
Peter the Great St. Petersburg Polytechnic University
Russian Federation

Mikhail O. Akishin, Cand. Sci. (Law), Associate Professor; Full Professor, Higher School of Law and Forensic Science

St. Petersburg,



References

1. Aristotle. Works: In 4 volumes. Vol. 2. Moscow: Mysl Publ.; 1978; Vol. 4. Moscow: Mysl Publ.; 1983. (In Russ.).

2. Wrigt GH, von. Logical and philosophical research. Trans. from English. Moscow: Progress Publ.; 1986. (In Russ.).

3. Isaev IA. «State in the state»: genesis and structure of an imaginary political space. Lex russica. 2017;7(128):30-50. (In Russ.).

4. Kabriyak R. Codifications. Moscow: Statute Publ.; 2007. (In Russ.).

5. Kant I. Criticism of pure reason. Moscow: Academic project Publ.; 2020. (In Russ.).

6. Kechekian SF. Aristotle’s doctrine of state and law. Moscow; Leningrad: Publishing House of the USSR Academy of Sciences Publ.; 1947. (In Russ.).

7. Knuuttila S. Deontic logic in the fourteenth century. Modal and Intensional Logics and their Application to Problems of the Methodology of Science. Moscow: Nauka Publ.; 1984. (In Russ.).

8. Lisanyuk EN. Development of ideas about norms in deontic logic. Vestnik of NSU. Series: Philosophy. 2010;8(1):147-152. (In Russ.).

9. «Normative Systems» and other works on the philosophy of law and the logic of norms. St. Petersburg: St. Petersburg State University Publ.; 2013. (In Russ.).

10. Reisner MA. History of Political Teachings. Vol. 1. Moscow; Leningrad: State Publishing House; 1929. (In Russ.).

11. Cicero. Three treatises on oratory. Moscow: Nauka Publ.; 1972. (In Russ.).

12. Rehm Н. Geschichte der Staatsrechtswissenschaft. Freiburg i. B. Leipzig; 1896.


Review

For citations:


Akishin M.O. Logical Foundations in the Study of Aristotle's Politics and Law. Russian Law Online. 2026;(1):90-97. (In Russ.) https://doi.org/10.17803/2542-2472.2026.37.1.090-097

Views: 82

JATS XML


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2542-2472 (Online)