法律遗产的主体

M. Ryazanov
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引用次数: 0

摘要

法律遗产,以及一般的法律,如果没有一个主体就不能存在,而主体是根据主体的意志创造法律遗产的。因此,法律遗产主体可以被视为法律行为者- -一切法律活动的来源,由此产生法律行为、法律行动、契约以及一般的法律发展等。法律遗产的保存和使用取决于法律遗产的主体,它通过翻译嵌入在法律制度中的法律意义,在积累的法律经验中确保国家法律的存在。法律遗产的翻译过程是由法律遗产主体通过对法律信息的开发、积累和传递提供的。两类法律遗产主体在对过去法律的保存、传承和适应上的共同互动符合现在的要求,旨在确保世代之间的动态联系。这是因为法律的整体意义主要是在人民中形成的,在法律形象中具体化,并在法律习俗、法律制度和其他法律器物中得到表达,律师赋予这些器物以官方的、法律的性质。这些独立的社会群体,由不同的社会显著特征联合起来,具有鲜明的、具体的法律文化发展特征。他们每个人都使用一定的知识、传统、习惯、价值取向、经验、法律观点和形象等与他们的目标、目的和利益满足程度相对应的法律遗产要素。法律遗产的形成对象成为新的、转化的法律信息的来源。因此,法律遗产主体之间的积极互动保证了法律信息的产生、过滤、拒绝或保存,为进一步的法律工作提供了必要的法律信息。在假定过程翻译中,法律遗产主体可分为:主体译者——以法律专业精英为代表;主体接受者——个人、法律关系的参与者。也有可能挑出法律遗产的元法律主体。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Subjects of the legal heritage
: Legal heritage, as well as the law in general, cannot exist without a subject, by whose will they are created. Accordingly, the subject of legal heritage can be considered as a legal actor – the source of all legal activity, from which come legal acts, legal actions, deeds and in general legal development and other. Preservation and usage of legal heritage depends on the subjects of legal heritage, which ensures the existence of national law through the translation of legal meanings embedded in the legal institutions, in the accumulated legal experience. Th e process of translation of legal heritage is provided by the subjects of legal heritage through the development, accumulation and transfering of legal information. Th e joint interaction of two types of subjects of legal heritage on the preservation, transmission and adaptation of the legal past in accordance with the requirements of the present, is aimed at ensuring the dynamic connection of generations. Th is is due to the fact that the whole sense of law is formed primari-ly in the people, crystallized in the image of law and fi nds its expression in the legal customs, legal institutions and other legal artifacts to which the lawyers give an offi cial, legal nature. Th ese separate groups of society, united by diff erent socially signifi cant characteristics, have distinct, specifi c characteristics of their legal cultural development. Each of them uses certain knowledge, traditions, habits, value orientations, experiences, legal views and images and other elements of legal heritage that correspond to their goals, objectives and the degree of satisfaction of their interests. Th e formed objects of legal heritage become a source of new, transformed legal information. Accordingly, the active interaction of subjects of legal heritage ensures the production, fi ltering, rejection or preservation of necessary legal information for further legal Taking into supposed process translation speak about such subjects of legal heritage as: subjects translator – represented by legal professional elite and subject recipient – individuals, participants of legal relations. It is also possible to single out meta-legal subjects of legal heritage.
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