Genesis of the category "source (form) of law"
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 2, Issue 2
Abstract
It has been lit up the origin of the legal notion "source (form) of law" and was defined the main tendency of its developing. In the context of the idea, the content is revealed and the correlation between two juridical terms "source of law" and "form of law". To the juridical terms "source (form) of law" is given the general and theoretical characteristic. It is proved that on the modern stage of solving the problem of definition of the content of the no-tion "source of law" and the different approaches of it understanding. Besides, the last years have demon-strated the tendency to focus attention on such main definitions of these terms: material, ideological and formal- juridical. In the material sense, sources of law are defined as factors that cause or directly influence or ob-jectively determine the formation of law. Among them, there are economic basis, social factors, political environment and other conditions of life of society. The sources of law in ideological meaning are characterized as ideas produced by the law. It is a system of ideas of what the law should be; lawful culture and lawfully realizing the subjects of law-making; ideas, principles, theories, which make the basis of law standards, etc. In the formally legal sense of the sources of law are identified with the external forms of expression, the existence and transformation of law, the external form of objectification of law. These are the main forms of law (normative acts, normative agreements, judicial precedents, etc.). Today the most of the scholars prefer to use the term "source of law" just in a formal (juridical) meaning. That is, they mean the official form (mode) of external expressing and fixing the standard of law, the way of making them objective. So, while using the juridical category "source (form) of law"; they underline the idea that in this case they mean the source of law in formal-juridical doctrinal understanding.
Authors and Affiliations
Saksonov V. B.
Keywords
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- EP ID EP556786
- DOI 10.31733/2078-3566-2018-3-20-24
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