Concept “legislative law” as an essentially disputed concept?s

Концепт «правовой закон» как сущностно оспариваемый концепт?

Zvereva, Polina (Зверева, Полина) ()
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Zvereva, Polina (Зверева, Полина): Tyumen Industrial University

Sotsium i vlast / Society and power, 2018, 67-75

Abstract: The author suggests discussing her own vision of the concept “legislative law” as one of the components for the concept “law”. The author forms the rationale for treating the concept “legislative law” as the concept belonging to the group of concepts: cluster, essentially disputed, having inner complexity. From the viewpoint of everyday language the main distinguishing feature of the concept “legislative law” is being in accordance with the Constitution of a democratic and law-bound state. Basing on the research findings the author enumerates and classifies distinguishing features of the concept “legislative law” which makes it possible to state that it is useful to treat it out of the bigger concept “law” and classifying it as an essentially disputed concept. We use the conceptual method in the philosophy of law to focus researchers’ attention on analyzing the certain group of cluster concepts and ways of their interpretation by followers of different law theories. Setting apart the core and the periphery of the concept “legislative law” makes it possible to partly eliminate linguistic inaccuracy in laws and judicial practice. The concept “legislative law” is illustrated with regard to regulatory acts, statutory regulations in court holdings and the aspects of how history, politics and ideology influence the concept “legislative law” are touched upon. The article gives examples of laws which are not in conformity with the Constitution which from our perspective is determination of criteria for the concept “legislative law”. The research is done in accordance with the modern paradigm of cognitive science, philosophy of law and perception. The results of the research due to their novelty are suggested to be proposed for scientific consideration after which it will be possible to use them for practical guidelines on expert study of regulations and standards whether the adopted laws are in accordance with the Constitution.

Keywords: law; “legislative law”; concept; “essentially disputed concept”; U.B. Galli’s criteria; “supremacy of law”; Ideal (search for similar items in EconPapers)
Date: 2018
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