Vol 3, No 16 (2015)
- Year: 2015
- Published: 27.05.2015
- Articles: 10
- URL: https://ogarev-online.ru/2311-2468/issue/view/23722
Full Issue
Requirements to legal definition
Abstract
The article considers the theoretical and practical significance of legal definition as a special means of legal technique. The author gives examples of correct and incorrect legal definitions, considering the current Russian legislation. The study also deals with the judicial approaches to the resolution of legal collisions due to the use of legal definitions.
Ogarev-online. 2015;3(16):2-7
2-7
The role of presumptions in law
Abstract
The article considers the concept of legal presumption. The author studies the role of presumptions in lawmaking and law enforcement. The study also touches upon the competition of presumptions as well as the use of presumptions in the current Russian law.
Ogarev-online. 2015;3(16):9-14
9-14
Legal error: concept and characteristics
Abstract
The criteria of assessing the activity of law subject as erroneous or error-free are considered. The goals of legal regulation and the causes of legal errors are correlated. The main factors resulting in legal errors are studied and ways to deal with them are presented.
Ogarev-online. 2015;3(16):16-21
16-21
22-27
28-33
35-40
Law in the system of right sources (forms): legal characteristic
Abstract
Realization of the principles of modern jural society that acknowledges supremacy of law stipulates the necessity of well-grounded conception of right sources determining the legal nature of law as a source of right. Providing the supremacy of law and its effectiveness requires a highly developed legal technique, clearness and comprehensiveness of the language of laws and regulations.
Ogarev-online. 2015;3(16):41-45
41-45
47-51
52-55
Christian Thomasius as a representative of school of "pure natural law"
Abstract
The article presents a brief analysis of the legal doctrine of the famous German philosopher Christian Thomasius. In this connection, the continuity of his doctrine within the school of "pure natural law" is studied. Particularly, the views of his great predecessors, Hugo Grotius and Samuel Pufendorf, are considered. The authors focus on the achievements and original creative findings of Christian Thomasius.
Ogarev-online. 2015;3(16):57-61
57-61