Several methodological issues of elaborating the concept of integrative legal thinking and its development in the modern theory of law
Автор: Shapovalova Yana Vitalyevna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 4, 2018 года.
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The paper reviews the prerequisites for the creation of new concepts of legal thinking in terms of the methodological crisis of the modern legal science. The essence of law has been theoretically discussed for centuries. However, the legal science seeks to rethink the methodological approach to the category of law due to the current legal reality. Nowadays, Russian legal theorists develop multiple concepts of legal thinking which are reviewed in the context of an umbrella term of integrative concepts of law; however, there are still no criteria for classifying them as an integrative type of legal thinking in jurisprudence. Based on the analysis of various approaches to the development of the integrative law school, the author concludes that the concept can be elaborated in the well-established notion of legal standards while judicial lawmaking is admissible. At the same time, the right is regarded as a general social regulator, and the natural rights of the personality are identified as a guideline for any lawmaking. Consideration should be given to the fact that the supposed universality of the concept of integrative understanding of law is based on the current state of the development of law at a particular period and should reflect the current state of social and political processes in society.
Legal positivism, essence of law, legal science, integrative concepts of legal understanding, concept of law, natural law school, legal understanding, types of legal understanding, methods of legal science, legal standards
Короткий адрес: https://sciup.org/14939084
IDR: 14939084 | DOI: 10.24158/tipor.2018.4.15