Results of legal goals and means manipulation in the law interpretation process: general theoretical analysis

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Introduction: the article covers the analysis of the results and consequences of largely unexplored form of the legal manipulation of legal purposes and means in the law-interpretation process. The author pays special attention to the fact that manipulative effect on social processes is available not only through informational, psychological, political and other technologies but also in the process of legal regulation of social relations, in particular, through the appropriate use of legal purposes and means in the process of interpreting the law. Materials and Methods: the author used official and doctrinal interpretation of various regulatory acts and, analyzed program documents and decisions of international organizations, individual statements of senior officials of the Russian Federation. Dialectical, system, structural and functional, legal, comparative-legal and other methods were widely applied in the study. Results: the author upholds the position that law-interpretation process may be regarded as a form of manipulation process on social relations through the appropriate use of legal means and goals in its implementation. The author gives their own vision of the essence of the manipulation of legal purposes and means in the process of law interpretation is offered, with specific examples demonstrating the key results to which this legal activity can lead. Discussion and Conclusions: the author concludes that manipulation of legal purposes and means is a form of lawful behavior which is inherent, attributive to the legal interpretation process. Along with highly negative consequences the studied behavior is socially conditioned and demanded activity, having also imaginary pluses (relatively positive results), which should also be taken into account.

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Manipulation, legal goal, legal means, legal regulation, interpretation of law, lawmaking, implementation of law, legal culture

Короткий адрес: https://sciup.org/142237492

IDR: 142237492   |   DOI: 10.37973/KUI.2023.71.16.003

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