| Article | Quantifiers of «Generality» of General Theory of Law |
|---|---|
| Authors |
Damirli М.
|
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2013 |
| Pages | 267 - 275 |
| Annotation | In the article the structure of theoretical knowledge in jurisprudence and the place in it of the general theory of law are analyzed, measures of «generality» of general theory of law and sources of such «generality» are identified. Thus the author comes from position, that the general theory of law studies law as the generic phenomenon, it's most general generic features, characteristics, elements of law, legal reality, that are immanent to all legal phenomena. This objective-subject generality of general theory of law is specified using indicators or measurements which are marked be the author by expression «quantifiers of generality», borrowed from logic and mathematics. As such it is suggested to distinguish three groups of quantifiers: quantifier of branch generality (generality for all branch's of law), quantifier of temporal generality (generality in the different co-ordinates of time, on the time axis from the past through the present to the future) and quantifier of spatial generality (limitlessness of theoretical principles and concepts of the general theory of law in the narrow limits of space, generality of them for all legal systems). Each of them corresponds the sources of general theoretical generalizations. The author comes to the conclusion, that general theoretic cognition of the law can be complete, representative, adequate to reality only in case that all foresaid three quantifiers of generality will be taken into account, otherwise speaking, if the domain of it will become general elements of legal reality, unchangingly meeting in all areas of law, in all legal systems of the past and the present. |
| Keywords | general theoretic jurisprudence, general theory of law, quantifiers of «generality», law, legal systems, national legal system, international law, European Union law. |
| References | |
| Electronic version | Download |