LEGAL TECHNOLOGY (BASED ON THE THEORY OF PROFESSOR RUDOLF IYERING)

Abstract

The nature, tasks, requirements, rules and methods of legal technique are analysed. It is revealed that the right is an objective concept. The requirement of justice affects and determines the nature of the methodology and the theory of technology law. It is established that technology is a legal art, or skill, competence, skill of legal thinking, law-making and right-realization. The technique is the requirements, rules, means and techniques of this art. The following techniques of legal technology such as legal analysis, concentration, legal structure are analysed. The purpose of these techniques is to remove certain principles from these particularities and to achieve the unity of the subject. Such unity forms a system of norms, principles and procedures. The method of the system is a natural-historical approach. The following requirements of legal constructions are analysed: quantitative and qualitative simplification of the subject, the law of thrift, visibility, transparency, simplicity, conciseness, naturalness.

Authors and Affiliations

В. В. Дудченко, О. О. Русавська

Keywords

Related Articles

PROBLEMATIC ISSUES WHICH ARE RELATED TO THE HUMAN RIGHT TO WORK AND THE WAYS HOW TO SOLVE IT

The article is devoted to the issue of the implementation of the human right to work and the study of solutions. For competent implementation in Ukraine of the human right to work, legislation establishes a whole system...

ONTOLOGICAL PREREQUISITES FOR THE RULE OF LAW INTERNATIONAL DIMENSION (THEORETICALLY-LEGAL ARGUMENTATION)

The article touches upon the problem of conditions, essential for the rule of law idea in its international manifestation. Particular attention is given to the conceptual delimitation of international rule of law from it...

THE MAIN PROBLEMS OF HUMAN RIGHTS ACTIVITY OF THE CONSTITUTIONAL COURT OF UKRAINE

The article is devoted to exploration of the main problems of the human rights activity of the Constitutional Court of Ukraine. The author considers that, aside from its independent importance, it plays the role of a cou...

THE PRINCIPLE OF NON-INTERFERENCE AS THE BASIC PRINCIPLE OF THE EAST ASIAN LEGAL UNDERSTANDING

The article is devoted to the study of the Taoist principle of non-interference in the natural course of events “u-wei” as a basic principle of East Asian legal understanding. The difference between the approach to Tao T...

PROTECTION OF THE RIGHT TO HIGHER EDUCATION

In the study, we disclose the concept of the right to higher education and its protection. In the course of the study, we highlight the most important violations of the right to higher education in Ukraine and, through t...

Download PDF file
  • EP ID EP665088
  • DOI -
  • Views 71
  • Downloads 0

How To Cite

В. В. Дудченко, О. О. Русавська (2018). LEGAL TECHNOLOGY (BASED ON THE THEORY OF PROFESSOR RUDOLF IYERING). Актуальні проблеми вітчизняної юриспруденції, 1(3), 12-17. https://europub.co.uk/articles/-A-665088