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Юридическая доктрина как средство конструирования правовой реальности
Legal doctrine as a means of constructing legal reality
[journal article]
Abstract The article deals with the problem of the law-making meaning of legal doctrine. According to the author, the
doctrine is an internally coherent segment of juridical science, with the ability to not only provide the juridical
community generally accepted interpretation of legal phenomena, but als... view more
The article deals with the problem of the law-making meaning of legal doctrine. According to the author, the
doctrine is an internally coherent segment of juridical science, with the ability to not only provide the juridical
community generally accepted interpretation of legal phenomena, but also to establish mandatory for members
Society of behavior patterns. As the legal science in General, the doctrine is a collection of semiotic forms (texts),
which construct the juridical reality. As a source of law doctrine creates legal rules on the basis of typification
of subjective rights and responsibilities of individuals. Implementation of regulatory functions is carried out by
doctrine, according to the author, in three ways, namely, through legislation, jurisprudence and law enforcement
practitioners.... view less
Keywords
jurisprudence; source of law; legislation; jurisdiction
Classification
Law
Free Keywords
juridical science; doctrine; post-classical rationality; postindustrial society; the juridical reality; rulemaking; subjective rights; law practice
Document language
Russian
Publication Year
2019
Page/Pages
p. 5-22
Journal
Theoretical and Applied Law (2019) 1
ISSN
3034-2813
Status
Published Version; reviewed