ФОРМАЛНА ЛОГИКА И ПРАВО - ПОКУШАЈ РЕКОНСТРУИСАЊА ЊИХОВОГ НАСТАНКА У АНТИЧКОЈ ГРЧКОЈ
FORMAL LOGIC AND LAW - AN ATTEMPT OF RECONSTRUCTING THEIR ORIGIN IN ANCIENT GREECE

Summary/Abstract: The attempt to define a sociologically relevant formal logic and determine its significance for the phenomenon of law has three theses. The first: for the first time in history law appears, stricto sensu, in Greece - namely, not only its rudiments. The second: appearing of law presupposes the existence and implementation of formal logic in the normative sphere (namely, in this respect law is distinguished from custom and morals). Finally, the third thesis: in order to implement formal logic in the sphere of law it is necessary to have a minimum of balance of power in a society, which makes possible separation of legislative power from the judicial and "executive" ones. Central issue in the present study is the analysis of Aristotle’s logical and social theory. The first refers to a rather high degree of formalisation of thinking reached by Greek philosophers of that time, while the other to the level of experience relating to the division of power, commensurate to the existing balance of power of principal social groups in the polis. This is not accidental: only those societies knowing social conflicts which are not settled by force, but by discussion and meritorous decision of a third party, are able to develop formal logic, which is in the very foundation of the phenomenon of law. Although the principal goal of that logic is to prevent psychical and social processes of destruction of sense of normative structures, it only attenuates and modifies them, channelling them within a closely connected sphere of law.

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