TERMINOLOGY ASPECT OF CONCEPT OF LAW IN THE CONTEXT OF RIGHT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article is devoted research the definitions of term «a law», that contained in explanatory and encyclopedic dictionaries. On the basis of analysis of these definitions of term «a law» the author of the article draws conclusion, that they all boil down to three basic meanings. At first, «a law» in the meaning of natural laws, as permanent and necessary communications between objects, phenomenon or processes. Secondly, «a law» in the meaning of social laws as rules, norms, positions, orders, requirements, principles, dogmas and others like that, that regulate the conduct of people. Thirdly, «a law» in the meaning of legal laws as compulsory rule, normative act which it has the greatest legal force, it is set higher public authority. From position of traditional formal logic three meanings of term «a law» (natural law, social law and legal law) are interdependent the phenomena and correlated as genus and kind. However, one terminology analysis of definitions of term «a law» from position of traditional formal logic not enough. We did not get a single clear meaning generic concept about the concept of «a legal law», nor of specific features that distinguish it as a separate legal phenomenon. This is due to the limitations of cognitive abilities, which has formal logic, and leads to the need to move to another – dialectic – logic. From point of dialectical logic any concept contains the moment of generality, moment of specialty and moment of individuality. So, for finding out concept of legal law is necessary to definition concept of law as general, special and individual. Essence of legal law must be examined in the context of that generality to which he belongs and with which he is correlated through one of its special spheres.
Authors and Affiliations
В І. Риндюк
Keywords
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