Sources of law: form - content - meaning
Автор: Сhashin Alexander Nikolaevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Актуальные проблемы юридической науки и практики
Статья в выпуске: 1 (38), 2019 года.
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Urpose: In the study, the author builds a philosophical understanding of one of the «troublesome» questions of the theory of law related to clarifying the relationship between the concepts of «source» and «form» of law. Methodology: The theoretical position of the researcher is based on the method of materialist dialectics. Results: The philosophical understanding of the definition of the «source (form) of law» demonstrates its complete coincidence with the dialectical triad «form - content - meaning», where the source is a meaning, form is a form, and law is a content. The source (form) of law is understood as the spatial expression of legal matter. The meaning is manifested in the rule of conduct enshrined in the rule of law (that is, by the law itself) and in the source (form) of the law at the same time, as well as in its role and significance in the process of state administration. Novelty/originality/value: The theoretical triad «source of law - form of law - content of law» is constructed by the author for the first time.
Короткий адрес: https://sciup.org/140240634
IDR: 140240634