Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 3

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  LEGAL SCIENCE
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
EN
The authoress considers evolution of scientific opinions regarding content of the rule of law principle in the context of the effect of globalization, international and European integration processes. Formation of European administrative space and implementation of renewed doctrinal elements of rule of law principle perception in the modern western legal science causes urgent necessity to improve administrative legislation of Ukraine that features insufficient concrete definition of the content of rule of law principle. Consideration of tendencies and requirements of new law perception in the process of home legislation reformation will accelerate its adaptation to the European principles and standards of administrative law.
EN
The theory of sociological imagination formulated by Ch. W. Mills (different from legal imagination) is useful for legal science, law making and interpretation of law. Some traditional concepts of legal science are better apprehended in the framework of relations between the worlds of power institutions and „Lebenswelt“ of a human. (e. g. public/private law, law/right). It is useful in study of human rights and the civilisation mission of law.
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.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.