Scientific doctrine as a source of law in international law and legal systems of the world
The term “doctrine” is often used in science, law-making and law enforcement processes, but its semantic meaning has not yet been determined, which makes it difficult to define the role of legal doctrine as a source of law. The aim of the article is to study legal doctrine as a special source of la...
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| Format: | Article |
| Language: | English |
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Universidade Portucalense
2023-10-01
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| Series: | Revista Jurídica Portucalense |
| Subjects: | |
| Online Access: | https://revistas.rcaap.pt/juridica/article/view/30123 |
| _version_ | 1827777669794627584 |
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| author | Roman I. TASHIAN Yuliia S. TAVOLZHANSKA Oleksii V. TAVOLZHANSKYI Serhii V. GRYNCHAK Nataliia V. SMETANINA |
| author_facet | Roman I. TASHIAN Yuliia S. TAVOLZHANSKA Oleksii V. TAVOLZHANSKYI Serhii V. GRYNCHAK Nataliia V. SMETANINA |
| author_sort | Roman I. TASHIAN |
| collection | DOAJ |
| description |
The term “doctrine” is often used in science, law-making and law enforcement processes, but its semantic meaning has not yet been determined, which makes it difficult to define the role of legal doctrine as a source of law. The aim of the article is to study legal doctrine as a special source of law, clarify the specifics of its formation and analyze the regulatory role and its potential, paying special attention to international law, as well as Romano-Germanic, Anglo-Saxon and religious legal systems. The research is based on such methods as analysis, synthesis, comparison, analogy, deduction, induction, abstraction. The inductive method made it possible to generalize and formulate the approaches of scientists, and the deductive method made it possible to consistently argue the author’s position. The authors draw conclusions that the definition of a legal doctrine as a source of law can be formalized legislatively. It is normatively permissible to reveal the notion of legal doctrine, determine a doctrine as a source of law and establish mechanisms for resorting to this source in law enforcement.
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| first_indexed | 2024-03-11T14:21:36Z |
| format | Article |
| id | doaj.art-b31fc65fcda14d89a98155aa1319809e |
| institution | Directory Open Access Journal |
| issn | 2183-5799 2183-5705 |
| language | English |
| last_indexed | 2024-03-11T14:21:36Z |
| publishDate | 2023-10-01 |
| publisher | Universidade Portucalense |
| record_format | Article |
| series | Revista Jurídica Portucalense |
| spelling | doaj.art-b31fc65fcda14d89a98155aa1319809e2023-10-31T15:47:33ZengUniversidade PortucalenseRevista Jurídica Portucalense2183-57992183-57052023-10-01Scientific doctrine as a source of law in international law and legal systems of the worldRoman I. TASHIAN0Yuliia S. TAVOLZHANSKA1Oleksii V. TAVOLZHANSKYI2Serhii V. GRYNCHAK3Nataliia V. SMETANINA4Department of Civil Law No. 1, Yaroslav Mudryі National Law UniversityDepartment of Criminal Law No. 1, Yaroslav Mudryі National Law UniversityYaroslav Mudryi National Law UniversityDepartment of Criminal Law No. 1, Yaroslav Mudryі National Law UniversityDepartment of Criminology and Penitentiary Law, Yaroslav Mudryі National Law University The term “doctrine” is often used in science, law-making and law enforcement processes, but its semantic meaning has not yet been determined, which makes it difficult to define the role of legal doctrine as a source of law. The aim of the article is to study legal doctrine as a special source of law, clarify the specifics of its formation and analyze the regulatory role and its potential, paying special attention to international law, as well as Romano-Germanic, Anglo-Saxon and religious legal systems. The research is based on such methods as analysis, synthesis, comparison, analogy, deduction, induction, abstraction. The inductive method made it possible to generalize and formulate the approaches of scientists, and the deductive method made it possible to consistently argue the author’s position. The authors draw conclusions that the definition of a legal doctrine as a source of law can be formalized legislatively. It is normatively permissible to reveal the notion of legal doctrine, determine a doctrine as a source of law and establish mechanisms for resorting to this source in law enforcement. https://revistas.rcaap.pt/juridica/article/view/30123legal doctrine; concept; legal science; lawmaking; international law |
| spellingShingle | Roman I. TASHIAN Yuliia S. TAVOLZHANSKA Oleksii V. TAVOLZHANSKYI Serhii V. GRYNCHAK Nataliia V. SMETANINA Scientific doctrine as a source of law in international law and legal systems of the world Revista Jurídica Portucalense legal doctrine; concept; legal science; lawmaking; international law |
| title | Scientific doctrine as a source of law in international law and legal systems of the world |
| title_full | Scientific doctrine as a source of law in international law and legal systems of the world |
| title_fullStr | Scientific doctrine as a source of law in international law and legal systems of the world |
| title_full_unstemmed | Scientific doctrine as a source of law in international law and legal systems of the world |
| title_short | Scientific doctrine as a source of law in international law and legal systems of the world |
| title_sort | scientific doctrine as a source of law in international law and legal systems of the world |
| topic | legal doctrine; concept; legal science; lawmaking; international law |
| url | https://revistas.rcaap.pt/juridica/article/view/30123 |
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