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DÔSLEDKY PRÁVNEHO PLURALIZMU PRE PRÁVNICKÚ METODOLÓGIU

100%
Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2020
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vol. 103
|
issue 4
258 – 270
EN
The basic idea of this paper reads that legal pluralism leads to changes in the legal methodology consisting of three parts: 1. methodology of law-making, 2. methodology of implementation of law including interpretation, 3. methodology of legal science (jurisprudence). In the process of law-making other legal systems operative on the same territory are already taken into account. Different legal systems have partially different canons of interpretation, and so in the situation of legal pluralism when it is necessary to apply rules belonging to more than one legal system, there are new challenges for traditional methods of interpretation. Jurisprudence is confronted with the task to conceptualise simultaneous operation of different legal systems on the systems on the same territory and different concepts (definitions) of law and to accommodate its methods to the changes in the subject of study.
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