Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy
So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and e...
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| Format: | Article |
| Language: | English |
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Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
2020-12-01
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| Series: | Пенитенциарная наука |
| Subjects: | |
| Online Access: | https://jurnauka-vipe.ru/media/filer_public/57/27/5727eb48-53f9-4f28-b88e-ae09eaae5eb3/ps_tom_14_4_lapshin_ve_shakhanov_vv__eng.pdf |
| _version_ | 1819100496000974848 |
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| author | VITALII E. LAPSHIN VYACHESLAV V. SHAKHANOV |
| author_facet | VITALII E. LAPSHIN VYACHESLAV V. SHAKHANOV |
| author_sort | VITALII E. LAPSHIN |
| collection | DOAJ |
| description | So far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doctrine of criminal-executive law”, “penal doctrine”, “correctional doctrine”; penal and legal doctrine is considered as part of legal doctrine; we study the notion of “legal doctrine” in its relations with adjacent categories (science, concept, position); we also investigate the effects of penal and legal doctrine on the penal and legal policy. We conclude that the term “penal and legal doctrine” is the core one and acts as a necessary prerequisite for scientific analysis. We also provide recommendations for the use of the term “doctrine” in the penal law sphere and put forward our own definition of the term “penal and legal doctrine”. In the course of our research we used general scientific, sectoral (social narrative) and level methodology (methods of theoretical and metatheoretical levels of cognition in science). |
| first_indexed | 2024-12-22T01:03:41Z |
| format | Article |
| id | doaj.art-e326647b00894ea6ac9895d587b473dc |
| institution | Directory Open Access Journal |
| issn | 2686-9764 2782-1986 |
| language | English |
| last_indexed | 2024-12-22T01:03:41Z |
| publishDate | 2020-12-01 |
| publisher | Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia) |
| record_format | Article |
| series | Пенитенциарная наука |
| spelling | doaj.art-e326647b00894ea6ac9895d587b473dc2022-12-21T18:44:08ZengFederal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)Пенитенциарная наука2686-97642782-19862020-12-0114453754110.46741/2686-9764-2020-14-4-537-541Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal PolicyVITALII E. LAPSHIN0https://orcid.org/0000-0002-6243-9532VYACHESLAV V. SHAKHANOV1https://orcid.org/0000-0003-1251-7886Vladimir State University Named After Alexander and Nikolay StoletovsVladimir Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian FederationSo far, the science of penal law has not looked closely into the term “doctrine”, and, in particular, “penal and legal doctrine” from the theoretical point of view. Thus we find it necessary to eliminate this gap, since the use of these terms and their synonyms varies greatly in the scientific and educational activities of penal institutions. Understanding the doctrinal grounds is also important for assessing the current situation and prospects for development of the science of penal law. The article analyzes the usage of the terms “penal and legal doctrine”, “criminal-executive doctrine” “doctrine of criminal-executive law”, “penal doctrine”, “correctional doctrine”; penal and legal doctrine is considered as part of legal doctrine; we study the notion of “legal doctrine” in its relations with adjacent categories (science, concept, position); we also investigate the effects of penal and legal doctrine on the penal and legal policy. We conclude that the term “penal and legal doctrine” is the core one and acts as a necessary prerequisite for scientific analysis. We also provide recommendations for the use of the term “doctrine” in the penal law sphere and put forward our own definition of the term “penal and legal doctrine”. In the course of our research we used general scientific, sectoral (social narrative) and level methodology (methods of theoretical and metatheoretical levels of cognition in science).https://jurnauka-vipe.ru/media/filer_public/57/27/5727eb48-53f9-4f28-b88e-ae09eaae5eb3/ps_tom_14_4_lapshin_ve_shakhanov_vv__eng.pdfpenal and legal doctrinelegal doctrinecriminal-executive doctrinecorrectional doctrinedoctrine of the criminal-executive lawpenal and legal policymetalanguage tool |
| spellingShingle | VITALII E. LAPSHIN VYACHESLAV V. SHAKHANOV Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy Пенитенциарная наука penal and legal doctrine legal doctrine criminal-executive doctrine correctional doctrine doctrine of the criminal-executive law penal and legal policy metalanguage tool |
| title | Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy |
| title_full | Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy |
| title_fullStr | Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy |
| title_full_unstemmed | Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy |
| title_short | Penal and Legal Doctrine as a Legal Category and a Metalanguage Means to Shape the Penal and Legal Policy |
| title_sort | penal and legal doctrine as a legal category and a metalanguage means to shape the penal and legal policy |
| topic | penal and legal doctrine legal doctrine criminal-executive doctrine correctional doctrine doctrine of the criminal-executive law penal and legal policy metalanguage tool |
| url | https://jurnauka-vipe.ru/media/filer_public/57/27/5727eb48-53f9-4f28-b88e-ae09eaae5eb3/ps_tom_14_4_lapshin_ve_shakhanov_vv__eng.pdf |
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