CONCEPT OF SOURCES AND LEGAL FORMS OF THE GERMAN AND RUSSIAN PHILOSOPHY AND THE THEORY OF LAW FROM THE END OF XVIII TILL THE BEGINNING OF XX CENTURY 

Journal Title: Право та інновації - Year 2014, Vol 4, Issue 8

Abstract

Problem setting. Theoretical problems of sources and forms of the right were investigated throughout many centuries by outstanding representatives of philosophy and the legal theory. At the same time, so far discussion about concept and a ratio of these phenomena isn't ended, unities of opinions of scientists isn't observed. Considering that fact that in Soviet (in fact – Marxist-Leninist) to the analysis of views of pre-revolutionary foreign and domestic philosophers and theorists-lawyers for this problem not enough attention was paid to the theory of law, and estimates of their approaches had the unilateral and ideologized character, it is represented actual for modern law to address to their scientific heritage. Analysis of recent researches and publications. The author of the article sights of opinions the German philosophers and lawers (I. Kant, G.W.F. Hegel, F.C. Savigny, G. Pyhta, K.H. Marx, G. Ellinek, H. Kelsen), and also Russian pre-revolutionary philosophers and theorists of the law (B.N. Chicherin, S.A. Muromtsev, N.L. Djuvernua, N.M. Korkunov, E.N. Trubetskoy, G.F. Shershenevich, L.I. Petrazhitski, V.M. Hvostov, I.V. Mikhaylovskiy, N.N. Alekseev). Target of research. Eventually the similar analysis taking into account achievements of the Soviet and modern theorists of law will allow to develop and prove author's treatment of concept and distinction of forms and sources of the right. Article’s main body. Legal forms in narrow sense are ways of external expression (fixing) of norms of the objective law. Respectively it is possible to allocate two main forms of the objective law: written and unwritten. In the most general sense the legal source can be defined somehow, from where results, the right is scooped. Synthesis of the previous development of scientists-theorists and philosophers allowed the author to allocate six meanings of the concept "legal source". Conclusions and prospects for the development. Legal sources and legal forms are multiple-valued and nonidentical concepts which in the scientific purposes are expedient for considering in various meanings. Legal forms in a broad sense are understood as various ways of external expression and life of the right in its various meanings and intrinsic manifestations. Legal forms in narrow sense are ways of external expression (fixing) of norms of the objective law. It is offered to allocate two main forms of the objective law: written and unwritten Legal source can be defined somehow, from where results, the right is scooped. For more accurate explanation of the category "legal source" on the basis of synthesis of development of predecessors its specification to six various meanings of this concept is proved. Key words: law, legal source, legal form, decree, legal custom, judicial precedent, contract.

Authors and Affiliations

Kirill Tomashevski

Keywords

Related Articles

AGROINDUSTRIAL COMPLEX OF UKRAINE IS THE OBJECT OF ADMINISTRATIVE AND LEGAL REGULATION: PROBLEMATIC ISSUES

Problem setting. The article deals with some problematic issues of administrative and legal regulation of the agroindustrial complex of Ukraine in order to bring the legislative base in this area in line with the provisi...

ЗАПРОВАДЖЕННЯ НАЙНОВІШИХ ТЕХНОЛОГІЙ ОСВІТИ У ВИЩІЙ ШКОЛІ: СВІТОВИЙ ТА ВІТЧИЗНЯНИЙ ДОСВІД

У статті розглядаються сучасні досягнення у сфері організації освіти, акцентується увага на перспективній формі учбового процесу – дистанційній освіті, аналізуються переваги та недоліки такої форми у сфері підготовки юри...

THE RELATIONSHIP BETWEEN THE CONCEPTS OF "TERMINATION OF EMPLOYMENT", "DISSOLUTION OF EMPLOYMENT " AND "DISMISSAL"

Problem setting. Each employment contract generally is for an indefinite period, sooner or later, may be terminated by the employee, employer, third party or due to certain life circumstances. The labour legislation of U...

THE FORMATION OF THE TAX FUNCTION OF THE STATE ON THE UKRAINIAN LANDS DURING THE TIMES OF KIEVAN RUS AND FEUDAL FRAGMENTATION OF THE XII–XIV CENTURIE

Problem setting. Taxes issues, its formation and general development of the tax system are one of the main signs of the state formation. Therefore, the research in this area always will be relevant for historical and leg...

PROBLEMS ON PROVIDING LEGAL FRAMEWORK FOR THE RELATIONS ASSOCIATED WITH THE TURNOVER OF TECHNOLOGIES IN UKRAINE AND ECONOMIC AND LEGAL PROBLEM SOLVING TECHNIQUES

Problem setting: It is common knowledge that the national economy of Ukraine requires qualitative technological upgrade. This process is longstanding and requires a significant concentration of efforts of public authorit...

Download PDF file
  • EP ID EP105832
  • DOI -
  • Views 119
  • Downloads 0

How To Cite

Kirill Tomashevski (2014).  CONCEPT OF SOURCES AND LEGAL FORMS OF THE GERMAN AND RUSSIAN PHILOSOPHY AND THE THEORY OF LAW FROM THE END OF XVIII TILL THE BEGINNING OF XX CENTURY . Право та інновації, 4(8), 7-17. https://europub.co.uk/articles/-A-105832