Article 9423
Title of the article |
Functions of casual interpretation |
Authors |
Georgiy N. Dudko, Lawyer, managing partner of “Dudko & partners” bureau (29 Moskovskaya street, Penza, Russia); postgraduate student, Saratov State Law Academy (1 Volskaya street, Saratov, Russia), E-mail: lexpracticegd@gmail.com |
Abstract |
Background. The essence of any state-legal phenomenon can be known through the disclosure of its functions. The casual interpretation of legal norms is no exception. It is obvious that this type of activity is carried out daily by each person in the realization of their interests, however, in the legal literature there are very few studies devoted to its fea-tures, features, and functions performed by it. This determines the relevance of the issue raised. The purpose of the work is to analyze the concept and the classification series of functions performed by the casual interpretation of legal norms. Materials and methods. The implementation of research tasks was achieved on the basis of an analysis of the posi-tions of scientists in the legal literature regarding the concepts and types of interpretation functions in general. The methodological potential includes dialectical, formal-legal and functional methods of research, which allow us to formulate a definition of the functions of causal interpretation, as well as to propose their classification series. Results. The positions of leading jurists who understand the functions of interpreting law in different ways are studied, the main varieties of interpretation are analyzed, signs of the functions of causal interpretation are identified, and their main varieties are considered. Conclusions. The anal-ysis made it possible to conclude that the functions of interpretation can be proposed as: cognitive, informative and educational, communicative, activity, as well as the functions of clarifying the rules of law, streamlining social relations, adapting the rule of law to a legal incident, establishing and overcoming technical and legal defects, gaps and contradictions in legal norms. |
Key words |
interpretation of law, interpretation of law, causal interpretation, functions, functions of causal interpretation |
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For citation: |
Dudko G.N. Functions of casual interpretation. Izvestiya vysshikh uchebnykh zavedeniy. Povolzhskiy region. Obshchestvennye nauki = University proceedings. Volga region. Social sciences. 2023;(4):118–127. (In Russ.). doi: 10.21685/2072-3016-2023-4-9 |
Дата обновления: 02.04.2024 12:26