Volodymyr Machuskyy
Traditional doctrinal legal thinking is limited by the categorical apparatus and the problems of epistemological nature.
In the Anglo-American legal family holds ideological antagonism between legal positivism and natural law through the line "Herbert Xart - Ronald Dworkin".
In the continental legal family law (Civil Law or Roman Law) there is a tendency of search of criteria for optimal separation of the branches of law. As well as identifying the dominant branches of law, the creation of complex branches of law as an artificial legal fictions.
Hence there is an objective need for a critical rethinking of existing legal concepts, create new or update previous ones.
The quest for transformation of legal doctrine often cause deepening of the conceptual differences in the understanding of law as well as the proclamation of the thesis about the crisis of legal thought, or even denial of the effectiveness of the rules of law.
The unsatisfactory state of the theoretical legal thought, which can be described as running in place, or the theoretical impasse, inevitably gives rise to bizarre surrogates understanding of the law, that is a definite challenge to the understanding of law as a whole.
The danger for theLaw make up, at least two factors. The first factor is the desire of economists to level the Law to ordinary tool of economic. The second factor is the desire of lawyers to level the Law to to routine legislation - transforming laws in the instructions.
Perspective view on the law allows the understanding law as something in General. The Law in General is only being of Law and has no direct impact on social relationships and behavior of peoples. As well as the concept of a legal entity is only indirectly related to business activities of the separate company.
The idea of the Law or the Law, by itself, as a General, can not be realized by simple mechanical transfer from the sphere of abstraction in the everyday life. The Law as an abstract concept must necessarily go beyond abstractions and become a law as a special and reality - legal certainty, which in fact is no longer a law, but contains a law in itself.
The Law, in order to achieve the legal certainty, in the broadest sense abandons from itself and finds expression in the legal regulation - the current legislation or court decisions, as both legislation and court decisions are aimed at the same thing.
Awareness of the conversion of the Law from an abstract idea into a real legal regulation is the starting point for understanding the possibilities of movement of the Law.
Understanding the Law: the movement of the Law
Understanding the Law: the movement of the Law
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