'Intuition Tells Me that Some Knowledge Cannot Be Reduced to Simple Terms'

Daria Alova jokes that she once aspired to be a criminal investigator but ended up becoming a scientific investigator instead. In this interview with the HSE Young Scientists project, she discusses models of legal reasoning, her fascination with Plato, and Ivan the Terrible's eschatological thoughts.

How I Started in Science

During my first year as a bachelor's student, I attended an international conference in Minsk, where I spoke at the plenary session. This experience sparked my interest, and with the support of my academic supervisor, I began writing research papers and actively participating in conferences. 

By the end of my bachelor's studies, I had already explored many practical areas in the field of law. As a result, I became oversaturated with practical aspects and decided to delve into the theory and philosophy of law. I enrolled in a master's programme at HSE University, continued into a doctoral programme, and eventually stayed on to teach at the university. 

The Subject of My Research

The theory and methodology of law. My dissertation focused on models of legal reasoning. It took me a long time to settle on this topic. During my master's studies, when I was choosing a research path, I became very interested in exploring the phenomenon of rationality in law. Rationality is primarily understood as an economic criterion. However, there is a second approach, a culturocentric one, proposed by Academician Vyacheslav S. Stepin. 

At first, I wanted to write my PhD dissertation on this topic, but Anton Didikin, Doctor of Philosophy and Candidate of Sciences in Law, who was my academic supervisor at the time, advised me that much had already been written about it. I began searching for another topic and discovered something interesting—legal reasoning.

What is Legal Reasoning?

No one has written about it yet in the Russian academic tradition, and only foreign sources are available. There are two types of legal discourse: legal explanation and legal reasoning. Legal reasoning is closely related to the topic of rationality, which I studied during my master's programme. As for legal explanation, this term that has yet to be translated in the Russian tradition. So, I decided to explore this. 

For foreign authors, legal reasoning is most often about why a judge makes a particular decision and how they justify it. This is due to the Anglo-Saxon case-law system, where precedent—a court decision made earlier—is the primary source of law. However, we don't have that in our continental system, so there is a need to develop a different definition to understand what reasoning means within the framework of general legal methodology.

As a result, I conclude that legal reasoning must be examined from two perspectives. First, it is a method by which we gain an understanding of certain legal phenomena, objects, and realities, and attempt to explain to ourselves and others why they exist and why they are the way they are.

The second approach is to view reasoning as a stage in the theory of cognition. When studying an object, it is important to understand the stages through which your cognitive activity unfolds. Reasoning is the central stage, as it involves attempting to explain a term using existing concepts. Therefore, in legal reasoning, we use the categories that are present in law. However, I borrowed the concept of reasoning from philosophy rather than from jurisprudence. In general, I feel more like a philosopher than a lawyer, as I work more with philosophical categories than legal ones. 

Example of Legal Reasoning

Let's assume we need to explain, from a legal standpoint, why Ivan the Terrible impaled people. Statists might argue that he had absolute power, as he was the tsar and could do whatever he wanted. Those who adhere to the psychological school of law might argue that he had mental issues, which led him to intuitively claim this right. As a result, he acted this way toward his subordinates, believing it to be legitimate. And from the perspective of the religious theory of law, we could say that Ivan the Terrible had eschatological beliefs. He thought the world was nearing its end, sought to save his soul, and believed the world needed to be cleansed of atheists.

It is unlikely that we will ever be able to determine which of these assumptions corresponds to reality. To do so, we would have to introduce the concept of absolute truth, and I have a sense that it is unattainable. Ivan the Terrible might not have known why he was doing this, or he may have changed his reasons from day to day. However, it is crucial to choose the reasoning that satisfies us the most and seeks to explain the object of study in scientific terms. Theory exists not only for its own sake, but also to penetrate the essence of a phenomenon and, based on this understanding, perhaps even predict the future. 

There is one interesting point here. In the structure of reasoning, there is an explanandum (description of the phenomenon to be explained) and an explanans (explanation of the phenomenon), and there is a methodological relationship between them. But on the night before the defence, I realised that in addition to the classical methodological tools, there is also the category of philosophical intuition, which helps us identify the correct reasoning. And the committee members agreed with me. 

What I Take Pride In

I am proud to have successfully defended my PhD dissertation. I had been working towards this for a long time, and it finally became a reality. My other achievement is to have become a lecturer at HSE University, with its high expectations for both faculty and students.

I also find it rewarding that people have begun to recognise me at academic conferences. I also enjoy writing papers. It can be painful due to deadlines and the demands of research productivity assessments, but when a paper is published, it brings great relief and joy.

The Subjects I Teach

I teach several courses. The first one is the Theory of State and Law. It is taught in the first year, and this foundation extends throughout all five years and across all disciplines.

I also teach Legal Literacy, a law course for students in psychology, media communications, biology, and other programmes.

I teach legal writing, and last year, I taught a master's course on the History and Methodology of Legal Science, where we read and discussed Plato, Aristotle, and other philosophers I admire.

My Dreams

My dream, which is also my goal, is to write a monograph that is useful and not just gathering dust on a shelf. It will focus on the theory of cognition in jurisprudence.

And my ultimate, perhaps unattainable, dream is to contribute in a way that makes people no longer question whether methodology is truly necessary for everyone. So that they don't simply add a few lines on methodology to their term paper and assume that's enough but instead view methodology as the core of research.

If I Hadn't Become a Scientist

In eighth grade, I thought I would become a nuclear physicist because I attended a Physics and Mathematics Lyceum in St Petersburg. Then I decided I would become a psychiatrist, but my mum, who is a medical doctor, talked me out of it. Then I considered becoming a criminal investigator. 

My sense is that, given a few more lifetimes, I would be able to realise many more ideas.

Which Philosophers I Would Like to Meet 

My favourite philosopher is Plato. There is an opinion that ancient philosophy is important and necessary because we use it as a foundation. However, I believe that Plato is a philosopher of such a level that it is unrealistic for us to even come close to it. His work, the breadth of his scientific interests, and his way of thinking are truly striking to me. It would be fascinating for me to talk to him; I would even learn ancient Greek for the opportunity.

On Philosophy

I believe that philosophy is cool and engaging, but to truly practice it, you need a solid background, both in theory and in practice.

For example, I can't discuss legal reasoning in simple terms. On one hand, it seems to me that if a person cannot explain complex ideas in simple language, it means they do not fully understand them. But on the other hand, intuition tells me that some knowledge cannot be reduced to simple terms.

One could say that explanation is the process of attaining understanding. However, what lies behind this simple phrasing cannot be explained further without complex constructions, and especially without the insights of philosophers from before the 21st century. 

My Interests Besides Science

Computer games. I also practice yoga because, as a former professional athlete, it is important for me to stay connected with my body and not forget about it. I love walking; it’s refreshing, and it clears my mind. I really enjoy socialising with people, both students and fellow teachers.

What I Have Been Reading and Watching Lately

I watched the first season of Peaky Blinders—it's visually stunning, aesthetically pleasing, interesting, and suspenseful.

And I have been reading Plato's The Republic to prepare for classes. It’s always interesting to revisit what you have read before, especially as a student, and observe how much your views have changed.

As for fiction, I reread Dostoevsky's The Brothers Karamazov because I was missing my hometown of St Petersburg, having not been there for a long time.

Advice for Aspiring Scientists

I would quote the famous line from Alfred Tennyson's Ulysses, which later brought Soviet writer Kaverin fame: 'To strive, to seek, to find, and not to yield.' Any activity, including scientific work, demands a great deal of effort. Especially when things aren’t going well. But if you're doing something, you must remember why you're doing it. And if you have ideals, you definitely won’t yield—I’m referring, first and foremost, to the ideals of attaining scientific knowledge.

My Favourite Place in Moscow

The area of Kitay-Gorod. In an unfamiliar city, it’s always important for me to set aside a few hours to wander alone without a map or GPS, just to feel the city. I did this in Paris, in Rome, and when I arrived in Moscow, I found myself walking for the first time in the area around Kitay-Gorod. 

My Favourite Place in St Petersburg

My favourite area is Leo Tolstoy Square on Petrogradskaya Side. Beautiful buildings in the Northern Art Nouveau style, the Andrey Mironov Russian Enterprise Theatre, and gardens near Pavlov University.