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Юридическая доктрина как средство конструирования правовой реальности

Legal doctrine as a means of constructing legal reality
[journal article]

Razuvaev, Nicolay Victorovich

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

Licence
Creative Commons - Attribution-ShareAlike 4.0


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© 2007 - 2025 Social Science Open Access Repository (SSOAR).
Based on DSpace, Copyright (c) 2002-2022, DuraSpace. All rights reserved.