
Correlation of norms of law and principles of law in the legal system: primacy of origin
Author(s) -
Анна Гарашко
Publication year - 2021
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.29039/2409-5087-2020-8-4-6-10
Subject(s) - dialectic , ambiguity , law , relation (database) , sociology , political science , epistemology , philosophy , computer science , linguistics , database
The purpose of this article is to study the question of the primacy of the origin, in relation to each other, of the norms of law and the principles of law. The author comes to the conclusion about the ambiguity and inconsistency of their correlation in legal science, and offers his own approach, according to which the principles of law and norms of law, and, consequently, the regularities of their correlation, can be considered in two contexts: as theoretical abstract con-cepts, and as concrete, clear legal phenomena, regulators of public relations. At the same time, in both of these cases, the primacy of the norms of law over the principles of law is proved. The methodological basis of the study was the dialectical method of cognition, as well as analysis, synthesis, system and structural methods, induction and deduction.