Legal analyst-modern discourse
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article deals with the problems of analytical jurisprudence and legal analysis. The historical excursion about the origins of analytical law is carried out, its genetic connection with analytical philosophy is revealed. The most famous figures that have contributed to the development of this theory are indicated. Among the last J. Austin and G. Hart. The interrelation between analytical jurisprudence and legal Analytics is revealed. If analytical law studies the language of law, the legal analyst examines the prerequisites for the emergence of legal concepts – material and ideal legal relations. In this regard, it is noted on the heuristic potential of legal analysis. Examples of violation of the requirements of logic regarding the compliance of the content of public relations with their legal form are given. In particular, the experience of legal regulation of property relations in the former socialist countries demonstrated the shortcomings of the relevant legal form, it is noted that in this case there was a slowdown in economic relations on the part of the legal system. In a similar vein, the legal forms of mediation of economic relations in the first years of independence of Ukraine are analyzed. It is established that in the relevant legal regulation there was a race forward caused by the neglect of the state of society, which was disoriented by the previous paternalism of the socialist Modern legal forms of political relations are also analyzed. It is argued about the imperfection of the legal regulation of certain political institutions. It is primarily about the institution of control over power by civil society. As you know, such control is exercised by voters during the voting in the next election, voting for those who justified their trust and denying those who violated their promises. In the context of the structure of civil society, which also implies the presence of a developed party system, established economic ties, this mechanism works, although periodically and is subject to some criticism, as a rule, by opposition forces. In the absence of such conditions, the above-mentioned mechanism of control over the government, as the experience of Ukraine shows, is not enough. It is concluded that the legal forms still do not correspond to the content, including political relations. The important role of legal Analytics in the performance of such its function as forecasting the development of events after the occurrence of a legal fact is noted. For example, in the legislative activities to implement this functionality, the legal analysts would reduce the annoying errors that allow Ukrainian lawmakers when making laws. Based on this, the appropriate measures to improve the legal regulation of political, legal and economic relations are proposed. As a result, it is concluded that ignoring the requirements of legal analysis in any legal field leads to significant shortcomings in the functioning of the entire legal mechanism, and therefore on the agenda the consolidation of this method of knowledge and transformation of reality as an indispensable element of the activities of both the lawyer-scientist and the practice of the lawyer.
Authors and Affiliations
Oleg Boginich
Keywords
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