Factors of formation of the national legal doctrine: some aspects

Автор: Yakubenko Konstantin Yuryevich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Юридическая наука и образование

Статья в выпуске: 2 (21), 2016 года.

Бесплатный доступ

Purpose: On the basis of theoretical and philosophical understanding of reality, objective factors to justify the need for the formation of a national legal doctrine. Methodology: We used the philosophical, formal-legal, system and activity methods. Results: In contrast to the existing law in view of the lack of a national legal doctrine as the most important source of the right ideas, the author of the publication identifies a number of key factors directly influence and determine the need for such a building. Current legislation does not mention precisely of the existence of legal doctrine as a source of law and of law in the domestic legal tradition, but without it is difficult to imagine the independence of the legal system and its culture. Accordingly, the article substantiates the position that an important factor in the formation of a national legal doctrine is the account of features of national mentality, spirituality and worldview. Here are a variety of important factors affecting the process of historical formation of the national legal doctrine, with a number of specific features. It is factors such as ideological, spiritual and moral, organizational, psychological, civilization-activity, geo-political, informational, demographic. Novelty/originality/value: This article has sufficient scientific value because it is one of the few attempts to examine the national legal doctrine in the light of multifactor cultural-historical approach.

Еще

Короткий адрес: https://sciup.org/14042343

IDR: 14042343

Статья научная