On the state-legal component of doctrinal (scientific) legal concepts and categories

被引:0
|
作者
Kozhevnikov, Vladimir V. [1 ]
机构
[1] Omsk State Univ, Omsk, Russia
关键词
doctrinal (scientific) concepts and categories; interaction of the state and law; national legal system; legal regulation; law and order; positive legal responsibility;
D O I
10.17223/22253513/50/5
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
In the scientific article the subject of the research are doctrinal (scientific) concepts and categories. The latter are understood as the most general, extremely broad legal generalisations (concepts), reflecting the main properties of phenomena of state-legal reality. It is argued that doctrinal concepts and categories should, firstly, correspond (not contradict) to legal (official) concepts; secondly, in their content have the so-called state-legal component reflecting the interaction of the state and positive law. The national legal system, legal regulation and the rule of law were analysed as examples of legal concepts and categories. The national legal system is the most voluminous legal category, which is the result of the state's activity and is necessary to achieve certain goals. These provisions serve as a basis to critically evaluate the views of scholars who include in the content of the national legal system and negative legal phenomena (legal nihilism, offences, the looseness of law, its inconsistency, etc.). It seems reasonable to believe that the national legal system is an element of state sovereignty, with the help of which the state makes its dictates binding, implements its internal and external functions. The state-legal component is contained in the concept of "legal regulation", bearing in mind that modern states, in carrying out legal regulation, most often create norms of positive law themselves, but in some cases resort to sanctioning those norms of law created by non-state organisations or give legal force to certain non-legal norms. With regard to the category of law and order, it should be borne in mind that the leading subject of establishing and protecting the rule of law is the state. Therefore, there are reasons to operate with such a category as state-legal order.
引用
收藏
页码:62 / 75
页数:14
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