Тумачење правних стандарда - безобалних термина и акварелних правних норми
On Interpretation of Legal Standards - Boundless Legal Terms and Fluid Legal Norms

Author(s): Slobodan I. Panov
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Language; Interpretation; Legal standards; Boundless and fluid legal stylizations;
Summary/Abstract: The essence of (family) law lies in harmonizing Manichaeism and becalming its creative forces. (Family) law is far from being the culmination of spirituality, a jewel in the crown of mindful beauty. Art, philosophy, psychology (medicine)... all outcharm it. The law is not closest to God; it doesn't glow or bask in the utmost God's blessing and sapience; the law is not otherworldly. Professor Sergei Troitsky contended that in the Old Testament, Jesus figured as an adjudicator, whereas in the New Testament, he was a healer. However, despite this initial handicap, despite constraints to its marvels, compared to other spheres, dimensions, and spiritual disciplines, the law displays one attribute that clearly stands out. Cognition, or more precisely, the necessity of cognition when learning and understanding about people and society/family, is the paramount quality of law... Law is exactness and freedom. Law is strictness and freedom of thought. Law is the mathematics of autonomy. It is the synthesis and the synonym for life from its individual and/or collective aspect. The quality of gradience of law allows for the conclusion that the essence/definition/understanding of law is synonymous with life itself. the very(pre)beginning of life (type and dynamics of legal transactions), and its end (identifying the exact moment of delation in the law of inheritance), and even after death (Canon law governing matters of the legal status of mortal remains, grave, prayer for the departed soul).

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