Open AccessConcretization in Law: Methodological Basics of Research
Author(s) -
Николай Власенко,
Nikolay Vlasyenko
Publication year - 2014
Publication title -
žurnal rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2500-4298
pISSN - 1605-6590
DOI - 10.12737/4825
Subject(s) - subject (documents) , inefficiency , law , phenomenon , enforcement , law enforcement , sociology , political science , computer science , epistemology , economics , philosophy , library science , microeconomics
In article the bases of research of a phenomenon of a law concretization are considered. Are analyzed the logical and language maintenance of a law concretization as subject activity of the person. By means of features of category limits of activity of the person on a law concretization are “wrongly” illustrated. Are allocated a law concretization in law-making and its forms (subject and logical) and a law concretization in law application, in particular, is considered a law-enforcement specification in connection with legal qualification. The question of abuse of a law concretization is raised. It is claimed that efficiency of research of the category “law concretization” is predetermined by right understanding, the understanding of a law concretization as transition from uncertainty to definiteness of legal regulation is the most effective unlike integrative right understanding. The inefficiency of integrative approach contacts inclusion in concept of the right of versatile elements.