Statutory concepts, fictions, and axioms as legal phenomena
- Authors: Sorokina Y.V.1
-
Affiliations:
- Voronezh State University
- Issue: Vol 12, No 4 (2025)
- Pages: 17-24
- Section: Trending topic
- URL: https://ogarev-online.ru/2410-7522/article/view/373822
- DOI: https://doi.org/10.17816/RJLS696139
- EDN: https://elibrary.ru/IRUWCS
- ID: 373822
Cite item
Abstract
This paper analyzes such legal phenomena as concepts, fictions, and axioms. Today, the legal system is actively developing both in lawmaking and law enforcement. Therefore, such specific means of legal regulation as legal concepts, fictions, and axioms become particularly relevant. Concepts and fictions help to develop the law and provide adequate legal regulation and legal axioms create the fundamental basis of legal matter. They represent both specific legal means of regulating social relations and essential properties of law. They can be considered as a form of its inner existence and the legal forms are external. These phenomena developed gradually as law developed. Their origins were based on an interpretation of the law that ensured its ability to consider the broadest possible range of life’s intricacies, to satisfy the demands of an ever changing society without radical changes and the introduction of a myriad of regulations. Over time, interpretations also become insufficient and new, highly complex abstractions emerge, allowing to regulate an indefinite number of new cases. These are concepts, fictions, and axioms. Legal concepts result from a logical grouping of regulations that create certain templates that are applied to specific life situations and allow them to be classified into some category. Legal fictions are aimed at resolving unresolved cases. Legal axioms set generalizations that become principles of law. Now, concepts, fictions, and axioms are not considered as simple instruments of rational legal regulation, but have a philosophical dimension and act as legal values.
Keywords
About the authors
Yulia V. Sorokina
Voronezh State University
Author for correspondence.
Email: yulia_sor@mail.ru
ORCID iD: 0009-0009-4669-737X
SPIN-code: 2007-2371
Dr. Sci. (Jurisprudence), Professor
Russian Federation, VoronezhReferences
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