Justification of the legal normativity: pluralism of approaches

Автор: Karatash O.M.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 7, 2023 года.

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The relevance of the article is caused by the debatable nature of the problems of the relationship between the legal normativity and the practice of regulating legal relations, which implies the need to study the normative nature of law and normativism in law as a widely accepted direction in legal science. Cognition of the first was carried out using general scientific methods of analysis, synthesis and abstraction. The work examines the views of P.I. Novogorodtsev, I.A. Ilyin, G. Kelsen and concludes that normative knowledge of law leads to a comprehensive scientific understanding. Normativism in various variations gives the norms of law a self-sufficient meaning and relies on the formal dogmatic method. Using this method, the article shows normativity in law in acts of normative interpretation, which, through the law enforcement activities of officials, become mandatory for an indefinite circle of persons and, thus, have “actual normativity”. The connection between the normative and the actual in the realization of legitimate interests and in cases of “experiencing the law” is substantiated. The rule of law acts as a kind of measure applied to legal entities, which can be justified by the force of state coercion or by the metaphysics of the origin of law.

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Normativity, normativism, rule of law, formal dogmatic method, dualism of law, actual normativity

Короткий адрес: https://sciup.org/149143935

IDR: 149143935   |   DOI: 10.24158/tipor.2023.7.32

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