Pechnikov G.A., Nazarov S.D., Smolyakov P.P. The Trial of Socrates Like the Struggle of Sophistry and Dialectics

DOI: https://doi.org/10.15688/lp.jvolsu.2021.3.17

Gennady A. Pechnikov
Doctor of Sciences (Jurisprudence), Professor, Department of Philosophy, History and Law, Volgograd State Agrarian University
Prosp. Universitetsky, 26, 400002 Volgograd, Russian Federation
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https://orcid.org/0000-0002-9518-1371

Sergey D. Nazarov
Candidate of Sciences (Jurisprudence), Honored Lawyer of the Russian Federation, Associate Professor, Department of Operational Investigative Activities, Volgograd Academy of the Ministry of Internal Affairs of Russia
Istoricheskaya St, 130, 400089 Volgograd, Russian Federation
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https://orcid.org/0000-0001-5642-1208

Peter P. Smolyakov
Candidate of Sciences (Jurisprudence), Associate Professor, Department of Philosophy, History and Law, Volgograd State Agrarian University
Prosp. Universitetsky, 26, 400002 Volgograd, Russian Federation
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https://orcid.org/0000-0003-3638-9022


Abstract. The article discusses the ideological conflict between the views of the sophists, based on the fact that everything is relative, there is no objective truth and objective dialectical patterns (and the measure is all people) and taught rhetorical art of dispute and winning the case (eristic) and Socrates sharply opposed the absolute relativism of the sophists and proving the existence of objective truth. The article shows the principled position of Socrates in the Athenian court. It is noted that the relativistic views of ancient Greek sophists are reflected in the modern adversary Code of Criminal Procedure of the Russian Federation, in which the art of speaking, the ability to be stronger, more convincing than its procedural adversary is also important. The authors of the article criticize relativism of the modern adversary criminal process, which denies objective truth and believes that the criminal process with an objectively true concept of legal proceedings is a higher, more advanced type (model) of the criminal process than the competitive (win-loss) process in which the triumph of the right and justice of the strong.
Key words: Socrates, sophists, dialectics, relativism, sophistry, the art of dispute, competitive (winninglosing) model of the criminal process, objectively true model of criminal proceedings.

Citation. Pechnikov G.A., Nazarov S.D., Smolyakov P.P. The Trial of Socrates Like the Struggle of Sophistry and Dialectics. Logos et Praxis, 2021, vol. 20, no. 3, pp. 177-183. (in Russian). DOI: https://doi.org/10.15688/lp.jvolsu.2021.3.17

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