Concept of Law-Making Technology as Approach to the Problem of "Origins of Law"

Alexander V. Pogodin*, Andrey V. Putintsev and Tuiana Ch. Sharakshinova
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Alexander V. Pogodin*: Kazan Federal University
Andrey V. Putintsev: Kazan Federal University
Tuiana Ch. Sharakshinova: Kazan Federal University

The Journal of Social Sciences Research, 2018, 285-289 Special Issue: 5

Abstract: In the present article an attempt to offer new approach to a problem of sources of the law, traditional for the Russian jurisprudence, is made. Authors set as the purpose the description of the mechanism during which various factors of law education lead to emergence of this or that form of the law: law, custom, judicial act, etc. As the category allowing to solve an objective, authors offer law-making technology as it describes the human activity (a law source in dynamics) proceeding by certain rules and predetermines the set result (a law source in a statics, or the form is law). In article the main signs of a source of the law in dynamics are analyzed. Special attention is paid to structure of law-making technology, the list of its elements is offered. Through a doctrine prism on objective and situational legal regulation the short sketch of the main forms of the law and technologies which lead to their emergence is given. In the conclusion key questions on which it will be necessary to give the answer during further development of understanding of a source of the law as law-making technology are formulated, and it is suggested about the further prospects of application of author’s approach in legal researches.

Keywords: Law education; Law-making; Law-making technology; Law source; The form is law; Legal regulation; Legal dynamics. (search for similar items in EconPapers)
Date: 2018
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