Към понятието за правен принцип
Towards the Concept of Legal Principle

Summary/Abstract: The article explores the concept of legal principle. In the first part of the article the two existing doctrines – the so called “weak” and “strong” doctrines about the distinction between rules and principles – are being examined. Special attention is paid to the views of R. Dworkin and R. Alexy, due to the fact that they take central position in the modern debate concerning legal principles. A critical remark is made that their understanding of validity fails in many points. That is why in the second part of the article a new theory of validity is being developed. It includes the assumption that we may three forms of validity: factual validity, legal validity and logical validity. On the basis of this division the main features of the legal principles are being studied. In the third part of the article the new “argumentative” concept of the legal principle is being presented, along with the study of the relations between legal principles and legal values.

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