О ГНОСЕОЛОГИЧЕСКОМ СТАТУСЕ КАТЕГОРИЙ НОРМА ПРАВА И НОРМАТИВНО-ПРАВОВОЕ ПРЕДПИСАНИЕ
ON THE EPISTEMOLOGICAL STATUS OF THE CATEGORIES OF NORM OF LAW AND REGULATORY PRESCRIPTION
Author(s): R.G. ValievSubject(s): Law, Constitution, Jurisprudence, Civil Law, Law and Transitional Justice, Public Law, Philosophy of Law
Published by: Казанский (Приволжский) федеральный университет
Keywords: normativity; norm of law; regulatory prescription; system of law; legislative system;
Summary/Abstract: The problem of adequacy of epistemological forms of perception of the category of norm of law to its actual content is urgent in the context of the current situation with the uncertain content of some legal phenomena. The epistemological nature and logical certainty of the category of regulatory prescription are considered. In order to reveal correlation between the categories of norm of law and regulatory prescription, it is suggested that the latter should be treated as an expression of the comprehensive content of norms of law. The norm of law, as an epistemological tool and the result of scientific knowledge within the legal institutional framework, is an integrated form of textual expression of the content of articles of laws and other normative legal acts. The norm of law is not a rule of conduct, thereby being rather the rule in general, i.e., having the universal nature, which is expressed as an authoritative order. It defines the socially meaningful model of prospects and dues in the regulation of social relations, as well as the legal status of their participants for the purpose of smooth development of the society and state.
Journal: Ученые записки Казанского университета. Серия Гуманитарные науки
- Issue Year: 157/2015
- Issue No: 6
- Page Range: 13-20
- Page Count: 8
- Language: Russian