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The Requirement of Non-contradiction and its Selected Reflections in Legal Practice

Publication at Faculty of Law |
2023

Abstract

Non-contradiction is one of the important components of human rationality, as European philosophical minds have already deduced in antiquity and cognitivists have recently confirmed. At the same time, all indications are that non-contradiction does not apply to all mathematical and physical structures.

This would mean that non-contradiction primarily reflects the nature and limits of human thought and hence also reflects in our demands for an optimal way of constructing social reality, not excluding the legal one - normative and applied. Here, however, we are faced with a certain tension: on the one hand, the judge is required to render unambiguous and uniform decisions, while on the other hand, they are required to base their decisions on regulations which, at least in their present form and conception, are characterised by plurality and a certain degree of internal conflict.