Article 8414

Title of the article

ROLE OF LEGAL NORM INTERPRETATION IN RESOLUTION OF COLLISIONS IN LAW IN THE MIDDLE AGES

Authors

Nedil’ko Yulia Viktorovna, Candidate of juridical sciences, associate professor, sub-department of theory and history of state and law, Kuban State Agrarian University (13 Kalinina street, Krasnodar, Russia), jvna@list.ru 

Index UDK

340.13

Abstract

Background. At all times and in any state the legislation has not been free from gaps and collisions. This is cuased by the fact that the changes in the law has not kept pace with the development of social relations. But this does not absolve states from the need to improve the legal base. The glossaries’ and the medieval universities’ activity was accompanied by the development and improvement of methods of interpretation of law, contributing to the resolution of conflicts. These methods and techniques remain relevant in the present. The purpose of work is to analyze the glossaries’ and the medieval universities’ activity and to show the importance of the techniques of interpretation of the right to resolve conflicts, developed by them.
Materials and methods. Implementation of the research objectives was achieved on the basis of the analysis of the glossaries’ and the medieval universities’ activity in researching and interpreting Roman sources, methods of law teaching at the medieval universities, promoting the development and improvement of rules and techniques of overcoming the conflicts in the law. The methodology included the methods of comparative and historical legal analysis, which allow to disclose the content and understand the meaning of the ways to overcome challenges and to fill gaps in the law by taking into account the specific historical circumstances.
Results. Thed author investigated the activities, which allowed medieval lawyers to identify repeats and contradictions, existing in Roman sources, to develop methods for overcoming the gaps and resolution of conflicts in the law, and come to own version of interpretation of the writings of the ancient Roman lawyers.
Conclusions. The research of the activities of the medieval jurists and universities allowed to understand the specifics of the formation and development of the methods of interpretation of law, which became effective in bridging the gaps and resolutions of law conflicts.

Key words

legal norm interpretation, collisions resolution, medieval universities, glosses, scholastic method, method of differentiated determinations. 

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References

1. Anners E. Istoriya evropeyskogo prava [History of European law]. Moscow: Nauka, 1996.
2. Abdrasulov E. B. Tolkovanie norm prava v istorii pravovoy mysli [Interpretation of legal norms in the history of legal thought]. Almaty, 2000.
3. Berman Garol'd Dzh. Zapadnaya traditsiya prava: Epokha formirovaniya [Western tradition of law: the epoch of formation]. Moscow: INFRA-M – NORMA, 1998.
4. Pokrovskiy I. A. Istoriya rimskogo prava [History of the Roman law]. Saint-Petersburg, 1999.

 

Дата создания: 27.04.2015 10:35
Дата обновления: 27.04.2015 14:54