法律渊源与法律概念形式之间的关系:理论和概念方面

IF 0.1 Q4 LAW
Yurii Kyrychenko, Volodymyr Orlianskyi, Viktor Kyrychenko, Natalia Riezanova, Julia Sokolenko
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引用次数: 0

摘要

研究的目的是查看了解法律类别来源的主要方法。主要内容。在国内外现有科学著作的基础上,揭示 "法的渊源 "的本质和内涵,分析 "法的渊源 "与 "法的形式 "概念之间的关系,论证二者之间的差异。研究方法: 研究的方法论基础包括比较法和系统分析、形式法学方法、解释学方法、诠释学方法以及分析和综合方法。结论。综上所述,我们可以得出这样的结论,即 "法律渊源 "和 "法律形式 "这两个概念不能被认为是相同的。法律形式 "宜被定义为法律对象化的方法,即法律内容的外部设计,也就是所谓的法律内容的外部表现形式。同时,法律渊源宜被视为法律的起源,即法律意义形成的条件和环境,法律本身就是从这些条件和环境中产生的。 关键词:法律渊源、法律形式、内容、法律的内部和外部形式、相关性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Correlation between the source of Law and the form of Law concepts: theoretical and conceptual aspect
The purpose of the research is to view the main approaches to understanding the source of law category. Main content. On the basis of available scientific works by domestic and foreign scientists, the essence and content of the “source of law” was revealed, an analysis of the relationship between “source of law” and “form of law” concepts was carried out, and differences between them were substantiated. Methodology:  The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. Summarizing what has been said, we can come to the conclusion that such concepts as “source of law” and “form of law” cannot be considered identical. Form of law is expedient to be defined as the method of law objectification that is, as external design of the content of law, the so-called external manifestation of the legal content. At the same time, source of law is appropriate to be considered as origins of law, that is, those conditions and circumstances in which meanings of law are formed, law as such is created from. Key words: source of law, form of law, content, internal and external forms of law, correlation.
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