Open AccessTHE CONCEPT, FUNCTIONS, TYPES AND PLACE OF LEGAL STRUCTURE IN THE LEGAL MATTER
Author(s) -
Aleksands Baikovs
Publication year - 2019
Publication title -
indivīds. sabiedrība. valsts
Language(s) - English
Resource type - Journals
ISSN - 2592-8457
DOI - 10.17770/iss2019.5274
Subject(s) - normative , legal realism , legal formalism , empirical legal studies , legal profession , legal research , legal psychology , function (biology) , law , object (grammar) , epistemology , political science , law and economics , sociology , computer science , private law , black letter law , philosophy , artificial intelligence , comparative law , evolutionary biology , biology
The article provides the content of the concet of "legal structure", their place in the legal matter and the role, both: in theoretical research and in the formation of the structure and content of law, in legal regulation. Legal construction is the result of the separation out of the legal material that does not exist in reality some ideal object and the construction of a model of legal phenomenon, which includes a number of systemically interrelated and mutually conditioned elements, arranged according to a certain scheme. First of all, it is necessary to distinguish between theoretical and normative (regulatory) legal constructions. Depending on the nature and characteristics of the links of elements forming legal structures, it is customary to distinguish deterministic and stochastic (probabilistic) systems Any legal construction is a system, which in this regard has its own structure, as a way of organizing the whole of the components. Legal structures are closely related to the method of legal regulation. The essence of the legal structure is manifested in its normative function (as an element of legal technique) and gnoseological function (as a method of cognition).