The formal logic and the material or dialectical logic as juridical epistemological perspectives applicable to the Public Defender’s Office

Abstract

The theme of the present work is the use of logic, in its formal and material or dialectical conceptions, as juridical epistemological perspectives within the scope of the Public Defender’s Office. Therefore, are treated the basic concepts of these two logical modalities and their possibilities of application in the field of study of legal knowledge. In this way, through the method of analytic-conceptual research approach, based on theoretical-conceptual research, it is examined to what extent the methodological effort to recognize the essential notes of the Law, as well as for its practical realization, involves the resource logic as an instrument to achieve the coherence of arguments and the consistency of theories. Not only the logic of forms, whose exclusive or excessive attachment can result in the reduction of law only to an equally formal system, artificially disconnected from its axiological charge, but also the material or dialectical logic, which enables the analysis of the adequacy of theories to reality, so as to encompass, beyond the norm, the dimensions of fact and value.