System of Law

Author:

Lebedev Vladimir M.,

Abstract

The article examines the system of Russian law and the grounds for singling out its elements. It gives the notion of the system, the main requirements that are imposed on it: there must be identity between the genus (system) and the sum of its species (branches, institutions), i.e. all elements of the system of law must exclude each other (disjunctivity principle); to divide the system into elements there must be one basis. In the article, the division of the system of law into elements is based on the subjective composition. The article argues that the division of Russian law into branches cannot be based on such grounds as subject matter and method. In the existing interpretations of the distinction between branches and institutions of Russian law, the approach is not systemic, but rather conglomerative. The practical necessity of differentiating law into branches and institutions is emphasised, and the history of their differentiation is examined. There should always be continuity in theory and practice. In this sense, it is impossible to ignore the fact that the law has been developed by a number of theories in the history of science. In this sense, one cannot but see that the distinction between branches by subject and method has been adopted by Russia in the organization of legal education: in the development of curricula, in the construction of individual courses and even in the structure of law schools, faculties and special courses. It is possible, and apparently necessary, to criticise the system of law proposed in its time by A.Ya. Vyshinsky, but it is hardly justified to "break" and "reconstruct" it, as has been done in the last decade. The bachelor's programme, the master's programme and the replacement of legal education with the provision of a service, all the more so as a paid service, have led to very sad results in the formation of the social status and legal consciousness of future lawyers. The author declares no conflicts of interests.

Publisher

Tomsk State University

Subject

General Computer Science

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3