Признаци на понятията в правото. Умозаключения за тъждество в процеса по прилагане
Signs of the Legal Concepts. Conclusion for Identity in the Law Enforcement Process

Author(s): Doroteya Dimova-Severinova
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: logical process of application of the legal norm; signs of the legal concepts; legal argumentation; conclusion for identity
Summary/Abstract: Execution of the law in a philosophical aspect is a transition from general possibility through particular possibility in to a particular reality. In each law enforcement process, the decisive subject interprets the legal norm and discloses the signs of the different concepts in it. After determination of the facts from the case the law enforcement body should determine their relevant legal significance to the legal norm. Only then it can proceed to application of the consequences of the legal norm. In order to proceed to this final stage of the procedure it should come to a conclusion for identity between the normative facts and those from the case. This should be accomplished through the legal argumentation. This report aims to analyze the signs of the legal concepts; to draw the logical characteristic of the law enforcement process and to propose a way of forming the conclusion for identity trough the knowledge for the signs of the concepts and logical legislation for the common, specific and single in the law.

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