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This essay provides an overview of the working mechanisms of abductive reasoning and discusses the possible applications of this logic tool in comparative law research. Indeed, abductive reasoning pertains to the role of explanatory reasoning in formulating hypotheses and, as commonly utilised in contemporary literature of social sciences, in verifying those ideas. Comparative thinking is a logic process of the human mind that employs a particular set of logic and epistemic tools to manage and process data. Arguing that comparative law has not conceptualised a precise and consistent method but only a set of practical guidelines to guide the research process of scholars, this study claims that observation of socio-legal phenomena and theory formation are not only inherently linked in comparative law research but also already theory-driven through an abductive logic process. In this sense, the scholar of comparative law does not rely exclusively on the logic instruments of the traditional legal practitioner but can deepen the potentialities of an abductive logic of discovery and justification already scrutinised by the other human and social sciences. While it is not desirable for the science of comparative law to adopt a single rigid method for research but to maintain a methodological flexibility open to interdisciplinarity, it must question the logic of discovery and justification of its results in a manner similar to that of the other social sciences of which it is a full member. Accordingly, it is assumed that the logic set of tools of comparative law can be enriched by developing the potentialities of the structure of abductive reasoning. [ABSTRACT FROM AUTHOR]

Objectives The aim of the article is to present the evolution of the relationship between the concepts of law and society from the post-war period to the present day and its consequences for contemporary political and legal culture, due to the pre-election period, influence of ideology, politics and the contemporary method of (making and) interpreting of law on the weakening of democracy. Material and methods It builds on historical-descriptive studies of legal theory, supplemented by the considerations of political and social science- to explain how the political assumptions determined the legal theoretical framework of law (and its interpretation), society. Results Considerations explain the relationship between law and society in the post-war history of Poland. The assertion made as a starting point that the conception of law is always linked to the conception of society and is strongly influenced by it in practice is reflected in the historical and political experience, as a result of which political lawmaking occurs in Poland today, with negative consequences for social and economic development. Conclusions The post-war 'partyisation' of the law contributed to the view of society as a concept expressing the political interests of parties, and, after the political transition period, to the creation of civil society as an opposition against the totalitarian socialist state, built on a political and ideological identity. In this way, modern society has become an instrument of ideological struggle, used to achieve political goals and subordinate law and society to them. This is vividly expressed in the period around elections, when political polarisation replaces rational thinking with electoral emotions, with the aim of winning the elections.

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The article is devoted to the analysis of modern challenges for the theory of the state and law in the context of the development of the legal system of Ukraine. Starting with the introduction, the author emphasises the relevance of the topic and emphasises the need to consider these issues in the Ukrainian context. The theoretical part of the article deals with a historical overview of the state and law, in particular, their development in Ukraine. The author draws attention to the key aspects of the formation of the theoretical foundations that formed the basis of the country's modern legal system. Modern trends in the development of the legal system of Ukraine are also considered. The author analyzes various aspects such as corruption, human rights and the implementation of reforms. The problems and challenges faced by the Ukrainian legal system are highlighted, and possible ways to overcome them are outlined. A separate part is devoted to the influence of globalisation on changes in the concepts of the state and law. The author considers the phenomenon of globalisation as a factor affecting the modern legal system of Ukraine and highlights its consequences and opportunities for further development. In addition, the article examines the role of the Constitution of Ukraine in the formation of the legal system. The author analyzes the basic principles of the state and law enshrined in the Constitution and their significance for the functioning of the country's legal system. Attention is drawn to international experience in solving challenges for the theory of the state and law. The author conducts a comparative analysis of different countries, which allows to highlight the best practices and use them to improve the legal system of Ukraine. A separate aspect is the role of civil society in the formation of the legal system. The author emphasises the importance of active participation of citizens in the legal process and their influence on the development of the legal system. In the conclusion, the author sums up the research and highlights the main conclusions regarding modern challenges for the theory of the state and law in Ukraine. It is noted that the further development of the country's legal system requires complex measures and systemic reforms, as well as the active implementation of best practices and experience of other countries. [ABSTRACT FROM AUTHOR]

Forensic as a science of the laws of the occurrence, accumulation, examination, appreciation and use of evidence has its own premises that underlie and systematize the process of discovering, investigating and preventing crime. The correct identification of the principles of forensic science, their limits of operation and their importance, provides a greater level of certainty in the development of forensic science as a science, and is the determining factor in identifying viable and sustainable solutions to the current and future tasks of forensic science. The tendency to investigate the subject of forensic principles will continue in the future, due to the lack of a single vision of the system of forensic principles, the desire to implement new principles and the confusion of the notion of 'principle' with the notions of 'method' and 'law'. At the end of the study, the conclusions presented allow an understanding of the notion of "principle" and the logic of structuring forensic principles. [ABSTRACT FROM AUTHOR]

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This paper discusses the possibility pertaining to the field of a new principle of law theorised, according to the communion ecclesiology issued by the Second Vatican Council. By considering the accurate proceeding disposition, the author accepts that a new principle constitutes necessary rules for the correct functioning of the canon law system and, as such, are inducted from the legal reasoning of those entitled to take legal decisions in the process of applying the law, especially the judiciary. Furthermore, it could constitute an integrative tool of the entire legal system. Such a new principle is understood to be of great value, because of the significant role assigned to principles in the theory of law in general. In every case, a new principle evokes by, and alludes to, values that govern the entire canon law science.

Hermeneutics, or interpretation, can be defined as a procedure to clarify something that is incomprehensible, unclear or insufficiently understandable, insufficiently clear, and to interpret it to the level of comprehensibility. Hermeneutics can rightfully be called the art of understanding. Legal hermeneutics as an art is, in principle, a very complex process that can also be characterized as a process requiring the application of knowledge from various scientific fields. Legal knowledge, in the specific case of interpreting legal norms by procedural bodies, cannot be disputed. However, legal knowledge is not always sufficient to ensure adequate interpretation and application of law in a given case. The need for legal hermeneutics arises in situations where there is a discrepancy between the spirit and letter of a legal norm, when the legal norm is unclear, contradictory, ambiguous, or even polysemous, and of course, in situations where there is an absence of legal norms regulating a specific issue. The above indicates the importance and dimension of the application of legal hermeneutics as a timeless skill in the field of law and the application of legal norms. In line with the topic, the paper analyzes several important questions: how to define the term legal hermeneutics, what are the reasons leading to the need for legal hermeneutics, and finally, which characteristic forms of legal hermeneutics can be singled out and presented more closely, according to the criterion of means or methods of interpretation.

Starting with such a provocative title, the essay aims to answer the question of whether jurisprudence can be considered as a source of law in the canonical judicial system. In order to achieve the objectives of the present work, it is proposed not to observe a traditional path followed by those who interpret the provision of canon 19 of the current Code of Canon Law, but rather to consider jurisprudential creativity which represents, in its various manifestations, an unavoidable feature of legal experience. This premise helps to reconsider the source concept of law and systematizes the role of jurisprudential doctrine in the hierarchy of sources in the canonical legal system.

This study aims to present to the readers the achievements of Russian literary scholar Vladimir Propp and to analyse the possibility of applying them in jurisprudence. Propp researched literary pieces from the magical tale genre and came to a conclusion that their plot is composed of 31 repeating functions performed by 7 types of characters. Propp showed that despite variations in the names of actions, characters and superficial attributes in various folk tales, the deep level of the text of these works allowed readers to notice some identical elements between them. Propp’s major work - Morphology of the Folktale, together with anthropologist Claud Lévi-Strauss’s thought and the findings made by Noam Chomsky became an inspiration for the development of the French school of structuralism and narratological research. The discussion presented in this article fits the research realm called law and literature, especially its narratological branch. This study presents a synthetic elaboration on the state of the art of research on legal narratology and possible application and limitations of Propp’s thought in this field. This work does not rely on the analysis of the law in force, thereby a reference to such a method or a reference to the historical development of relevant law is unnecessary here. Instead, discourse analysis plays the pivotal role in this article. This paper points out that given the differences that occur between law and literature, Propp’s achievements may primarily play the role of inspiration for jurisprudence, though there are realms in which Propp’s method may be applied directly.

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Purpose. The purpose of the article is to carry out a legal analysis of national and foreign legislation with a further depiction of the need to regulate intellectual property by the norms of both private and public law, in particular constitutional. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Results. As a result of the conducted research, it was established that the humanistic function of freedom of creativity consists in the development and self-realization of the individual, the humanization of society and the preservation of the national identity of peoples, the affirmation of their value. A creative person is among people, and for the sake of public interest and respect for them, he has no right to create works of art that are immoral, destructive or anti-moral in nature. Scientific novelty. For the first time, the systematization and generalization of the comparative-legal constitutional consolidation of the concept of «intellectual property» was carried out. Practical significance. Understanding the concept of intellectual property as an institution of civil law is not something frozen, defined. What is considered fair today, that is, determined by this institution, may be rejected tomorrow. In the norms of civil legislation, the implementation of this concept must «keep up with the times» and correspond to the constitutional realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current legislation during wartime.

Tim Marshall's Prisoners of Geography, published in 2015, is an in-depth examination of the influence that geographic features exert on the geopolitical strategies, international law, historical trajectories, and socioeconomic events of nations. Marshall is an experienced foreign correspondent, drawing on his extensive experience and knowledge of world history and geopolitics.

The paper is an English translation of a part of Problemy podstawowe prawoznawstwa published originally in 1982. The text is published as a part of a section of the Adam Mickiewicz University devoted to the achievements of the Professors of the Faculty of Law and Administration of the Adam Mickiewicz University, Poznań.

Copyright of Annals of Juridica Sciences / Roczniki Nauk Prawnych is the property of Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawla II and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Horizons of Politics / Horyzonty Polityki is the property of Jesuit University Ignatianum in Krakow and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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The author addresses the problem of the cognitive role of intellectual processes in the sphere of intellectual objects, which also include the established law. Only by virtue of intellectual processes focused on the law can it be cognitively made available to others. Contrary to conceptualists, and above all Kelsen, it is then necessary to move away from determining the doctrine of law with a conceptual grid, as the basic undertaken means of controlling the legal issues. It cannot be accepted that what is not verifiable in such a grid cannot be treated as a heuristic attitude towards the law. The author distinguishes the so-called high interpretation, which has the characteristic that it consists in the course of the entire law, including the development of legal thought on the law and the consequences of the law. There is no such thing as the development of law in its empirical sense. On the other hand, thinking about it through interpretation, properly combined with interpretation at a high level, contemplating it by combining legal considerations with interpretation at a high level should, in the Author’s opinion, be considered the deepest manifestation of the reflexivity of legal culture.

The relevance of the origin of written law issues stems from the need to address pluralism of concepts concerning law origin. Research investigates the issues of the origin of law as a set of rules of conduct fixed by the state in writing and intended for interaction of people between themselves and public authority represented by the state and other persons. In a primitive society the rules of behavior were fixed mainly in oral speech, which forced people to interact usually within the earshot of a person's voice. Oral speech could not be used for constant and everyday interaction between those groups of people who were far from each other in their camps and settlements. The written form of law and legal norms is an attributive feature of the legal system, consisting of law, legal relations and legal consciousness. The hypothesis suggests that law formation takes place in the process of establishing a written form by the state to a number of social norms of primitive society. Written law creates an additional opportunity for residents of different settlements, cities and countries to interact with each other at a distance; it contributes to centralization of state regulation in a certain territory, unification of social norms, and strengthening and expansion of state power.

With modernity’s advent, we are witnessing changes in the basis of science and forming a different one from the previous era gradually. The new science is not the complete form of the science of the pre-modern era but it is based on different ontological, epistemological, and anthropological foundations based on a specific perception of nature, men, and God. Montesquieu's theory does not pay attention to the permanent nature of men, their origin, and their true purpose for reaching happiness in the modern approach’s framework. In this framework, men don’t have a permanent and stable nature, but their nature will be created in society. Montesquieu considers the law as one part of the social system and tries to reveal the connection between "law" as a social matter and different social conditions. The most important results of considering law as a social matter in Montesquieu's thought are: analyzing of laws of society based on social conditions, acceptance of causal relations on law, relations of law, and its separation from values and religion. This article tries to make a connection between his social science principles, his basic principles, and his law theory with a methodological approach and studies his law theory based on the foundations of new social science, which is different from traditional science.

The subject of research is social relations in the field of legitimacy of positive law in the modern state. Methodology. The methodological basis of the study is the methods of induction and deduction, dialectical-materialistic method, method of analysis and synthesis, historical method, which allowed to objectively comprehend the content and essence of the issues under study. The purpose of the article is a theoretical and legal study of the legitimacy of law as its justification and recognition. The results of the study are: the legitimacy of law from the point of view of the theory of communicative rationality is investigated; the historical and theoretical process of development of interaction between subjects and the process of recognition, legitimation of norms in society as a social evolution is investigated; the development of the ideas of legitimacy and moral consciousness in the modern legal order is investigated; the tendencies of legitimization of positive law in the modern state on the basis of morality are determined; the peculiarities of ensuring the legitimacy of power through the legitimacy of law are highlighted. Conclusions. Law and modern morality stem from traditional relations, and they are interconnected. Legal norms are not just orders, they are fulfilled not only out of fear of coercion, but also out of respect for the law. However, for this, the legal order must be legitimate, enjoy the authority of citizens, and this is possible only if the positive law does not contradict the moral norms shared by a given society. The legitimacy of law lies, first of all, in the development of the legal basis of state and social life. But the meaning of the legitimacy of law in a society that calls itself democratic is seen not in the mere fact of existence and strict implementation of even legally perfect legislation, but in the extent to which it comprehensively embodies universally recognized humanistic goals, ideals, and values. Among them are the recognition of the people as the exclusive source of power and law, the rule of law, separation of powers, inadmissibility of usurpation and unlimited power, equality of all before the law and the court, inviolability of justice, etc. Of course, it is about fundamental human rights and freedoms with the legislative consolidation of the state's obligations to ensure and protect them. The legitimacy of law is the idea, requirement and system of real expression of law in the laws of the state, in lawmaking itself, in subordinate lawmaking with the steady recognition and perception by the population of the state.

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Gregorio Peces-Barba's general theory of fundamental rights does not have a lot of resonance in France. This article try to explain it. A first reason is lie to the fact that his theoretical proposition is far to the concerns, on the one hand, of legal dogmatics, which essentially focuses its work on the technical study of law, and, on the other hand, of the few French legal theorists or philosophers. A second reason may be that the concept of "fundamental rights" constructed and defended by Peces-Barba is quite different from the one that has finally widespread in France and that, anyway, it is not object of a significant theorisation, nor of a unified understanding. [ABSTRACT FROM AUTHOR]

The article examines the problems of the significance and effectiveness of judicial practice in Ukraine thanks to the application of a systemic approach to identifying its functional and structural characteristics. Separate works of scientists on the methodology of scientific research of judicial practice as a source of law have been analyzed. It has been proven that the main questions that arise in the course of the study of judicial practice in Ukraine as a legal phenomenon should be analyzed with the help of complementary and interconnected elements, namely theoretical and methodological, then their combination gives grounds for considering the theory of law as a component of legal science and methodological approaches - as a set of various scientific knowledge and methods that are interrelated. The need to study the functional and structural characteristics of judicial practice in Ukraine as a legal phenomenon that combines law-making and the specifics of the implementation of legal norms is substantiated. It was found that the study of the functional and structural characteristics of judicial practice should be carried out on a number of criteria, among which it is necessary to distinguish the impact and cognitive criteria. In particular, according to the criterion of the influence of judicial practice on real reality, internal (judges' legal perception of the mechanism of application of the principle of analogy in making court decisions) and external (influence of judicial practice on law-making and human rights protection activities) its functional and structural characteristics are distinguished. According to the cognitive criterion, the heuristic elements of judicial practice are determined, namely: the latter is a type of legal practice; lack of conceptual identity with judicial precedent and judicial law-making; an additional means of influencing social relations in combination with a legal prescription; a means of implementing the principle of unity; a defined circle of its subjects; ensuring direct exchange of information between the judicial and legislative branches of government. It is emphasized that the proposed list of heuristic functional-structural elements of judicial practice is not exhaustive and can be supplemented. [ABSTRACT FROM AUTHOR]

Previous studies have produced mixed findings regarding discretionary and non-discretionary factors associated with the likelihood of homicides being cleared. Performing Pearson's χ2 test, logistic regressions, and random forest analyses on all homicide cases that occurred in Italy in 2014, we assess if factors pertaining to the discretionary domain – that is, nationality, age, sex, socioeconomic status of the victim, previous convictions – and non-discretionary factors – for example, weapon, location, circumstance – are correlated with the outcome of the investigation. The empirical analysis does not identify relations between victims' nationality, socioeconomic status, previous criminal records and homicide clearance. On the other hand, homicides whose victim is male are less likely to be cleared. While high media coverage correlates with a higher clearance rate, low media coverage is not correlated with the homicide case remaining unsolved. Finally, especially in Southern Italy where mafia organizations are more entrenched, homicides committed in a criminal environment have a lower chance of being cleared. With respect to Italy, the results indicate a lack of support for the discretionary perspective that argues' that police may use discretion in clearing homicide cases according to the sociodemographic characteristics of victims. [ABSTRACT FROM AUTHOR]

Background. Philosophy of law is a branch of philosophy that studies the nature of law, especially in its relation to human values, relationships, and practice. The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosophers. As a result, legal philosophy becomes the object of heated discussions, the main feature of which is reduced to the question of what is due and being, i.e. can and should positivist law replace the traditional values developed by mankind as regulators of behavior and relationships. Purpose. The purpose of the article is to determine the relationship between the philosophy of law as a “special” or “private” discipline and “general” philosophy. The subject of the study is the philosophical ideas of a rational approach to law as a practice. Methods. The research method is the analysis of scientific literature and philosophical reflection. Conclusions. In the philosophy of law the decisive factor is not so much its attitude to general philosophy, but the relationship between the philosophy of law and the law itself. Results. The effectiveness of the work done lies in the fact that the findings allow us to consider the philosophy of law as a practical philosophy. The results obtained can be used in further practical and theoretical studies of philosophy and theory of law.

This article aims to identify the key theoretical and methodological challenges associated with justice in criminal law and to find possible ways of overcoming them. Using the main principles of social philosophy and theory of law, the relationship between justice and law and the content of justice in criminal law were considered. It was demonstrated that justice must be pursued as an ultimate social goal of positive law, including criminal law: justice is a qualitative state of social relations when every person can fulfill their potential and is paid according to the public benefit from their work, and senior positions are held depending on the level of expertise, experiences, and meritorious service. Criminal law defines what activities are criminal, as well as specifies possible penalties to correct the convicted person’s behavior and prevent future crimes. These challenges should be the subject of in-depth analysis taking into account the achievements of Soviet criminal law and corrective labor legislation. The results obtained are of practical importance because they can be useful in building a system of criminal law measures to administer justice.

The concept of truth is one of the central concepts not only of philosophy, but also of, for example, semiotics and law. The article analyses the concept (predicate) of truth in judicial fact-finding and the concept (predicate) of truth in legal interpretation from the perspective of the pluralist theory of truth. The concept of an unordered concept of truth is introduced in the paper, which is formed by pairs of opposing meaning postulates concerning a specific aspect of truth, such as "correspondency" vs. "correspondency-independence" or "transcendence" vs. "immanence". Individual concepts of truth are ordered sets of congruent meaning postulates. The analysis aims to reconstruct the meaning of the truth predicate in judicial fact-finding and legal interpretation from the point of view of meaning postulates. The conducted analysis shows that the predicate of substantive truth, the predicate of formal truth and the truth predicate in interpretation of law can be characterized by means of the same meaning postulates. In this light one may say that despite crucial differences between the indicated predicates, they belong to the same family of predicates of truth and represent the same way of "being true". As a result, one may say the pluralist perspective reveals (in a certain sense - quite surprisingly) the essential unity of truth in judicial application of the law. [ABSTRACT FROM AUTHOR]

The subject of the study is historical method of interpretation in law, its capacities and types. Despite the recognition of historical interpretation by legal science, there are no specialized works and there is no consensus on the content of this method of interpretation. Historical interpretation is considered both as an interpretation based on a previous rule of law, as an interpretation considering the conditions for the adoption of the norm, and as an interpretation based on the practice of applying the interpreted norm.The purpose of the study is to substantiate the authors' hypothesis that historical interpretation in law is an intellectual activity that involves clarifying the content of a legal prescription, achieved based on identifying legal and non-legal factors that both precede the creation of the norm and accompany its adoption. In addition, the authors set the task to identify those factors that should be taken into account in historical interpretation, as well as to classify the types of historical interpretation. The analysis of historical interpretation is made using scientific methods: induction and deduction, formal legal, comparative legal synchronous and diachronic methods.The main results, scope of application. Historical interpretation considers political, economic, social, and legal factors. Legal factors include the rules of law that preceded the interpreted norm, repealed acts, official and unofficial documents of law-making entities, draft laws, acts and the norms contained therein that accompanied the interpreted regulation, i.e. were adopted simultaneously with the interpreted norm, as well as other factors, such as the level of development of legal science and legal technique.The authors suppose that historical interpretation cannot be considered as a homogeneous way of interpretation. In reality, the historical interpretation in law can be carried out using different techniques and methods, in relation to heterogeneous legal prescriptions, and carried out by subjects with different legal status. Therefore, several grounds for classifyinghistorical interpretation are proposed. First, it is a classification that considers the connection of historical interpretation with the other ways of interpretation. According to this criterion, it is possible to divide it into a proper historical and a complex historical interpretation. Complex historical interpretation includes historical-systematic, historical-functional, historical-teleological, historical-legal, and historical-linguistic interpretation. Second, the basis may be the sources of law that contain the rules of law. On this basis, historical interpretation is divided into the interpretation of prescriptions of normative legal acts, legal customs, normative contracts, etc. Third, it is possible to classify the historical interpretation, depending on whether the rule of law is valid or not, into the historical interpretation of the rules that have lost their legal force and the historical interpretation of the rules of the current law. The latter, in its turn, is divided into the interpretation of the current legal norms of the current content and those legal norms that have not lost their force but are outdated in content. The fourth classification is based on subjects and includes historical official interpretation and historical unofficial interpretation.Conclusions. Correct approach to the concept and process of historical interpretation of the content of legal norms, as well as the choice of the type of historical interpretation helps in law enforcement, allows you to put forward scientific hypotheses, predict the further development of law based on historical knowledge of the interpreted norm, assess the possibility of reviving canceled acts in recurring socio-economic and political-legal situations.

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The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.

The starting point of this brief itinerary within the jurisprudence of legitimacy is constituted by the famous sentences of San Martino, pronounced by the United Sections in November 2008, a true and proper crucial moment concerning the subject matter of attention. If this is the starting point, it is not yet possible, on the other hand, to identify a real moment of conclusion of this path, since the point of arrival, far from being reached, looks more and more like a mirage. However, within this ( secular ) litaniae sanctorum, one may sometimes come across some statements that could be peacefully defined as unexpected, if not surprising: small deviations, in short, from the usual path of argumentation that struggle to fit into the latter in a logically coherent way, generating not a little confusion in the jurist

The article is an attempt to characterize scientific achievements of the late Maciej Bogusław Kłodawski, PhD (1985–2020), an outstanding legal theorist who died prematurely, in particular an expert on the technical side of lawmaking. Out of necessity, the content of the article was formulated on the basis of secondary data involving a review and critical analysis of M. Kłodawski’s works. The scientific achievements of M. Kłodawski, apart from the monograph entitled Redundancja w tekście prawnym (Redundancy in the legal text, Toruń 2017) includes thirteen scientific articles published in scientific journals and collective works, four co-authored articles and three works of which M. Kłodawski was an editor or co-editor. The article presents the main fields of research by M. Kłodawski, starting from the structure and content of the legal text, through detailed issues related to the subject of good legislative practice, to the use of artificial intelligence in law. The analysis of dr Kłodawski’s scholarly achievements allows a claim that his contribution into legal theory, especially the part that concerns law-making, is indisputable.

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The article analyzes the interrelationship between ius and lex — categories already formed in antiquity. The opposition and complementarity occurring between these concepts was indicated, on the one hand, by giving historical and literary (ancient and modern) cases of antinomy between natural law and the state law; and, on the other hand, through the so-called “hard cases” occurring in law today, whose presence is generated by an increasingly complex reality. [ABSTRACT FROM AUTHOR]

The relevance of the problem of choosing the object of study in the theory of law is determined by the need to tackle the debatable issue of pluralism in understanding of law. It is noted that one of the reasons for theoretical and legal pluralism on the concept of law is the lack of uniform criteria for identifying the object of study in the general theory of law. The situation with the concept of law in legal science, including with the pluralism of opinions, is considered largely as a result of the scientists and practitioners attitude described as first understand the law and then create a single concept of law. The fundamental research carried out in legal science and wide discussions on the concept of law are taken as positive; one of the parameters is the principle of separation of the object and subject of legal science. It is shown that when constructing a scientific theory of law, the primary question is the object of study, that is, the question of law itself as a special fragment of the real world, but not a disputable issue of the concept of law. However, in practice, when identifying the object of scientific knowledge in the general theory of law, scholars choose to study the most diverse fragments of the world, although they designate them with the same term law. Since various objects called law are subjected to scientific research, one cannot expect to derive a single concept of law. With regard to the analysis of the concept of law and the data of modern science, the following set of attributes for identifying law as an object of study in law theory is proposed for consideration: Law is a set of social norms enshrined in written language by the state and designed for people to interact with each other and with public authority such as state and other entities.

The article is devoted to the re-problematisation of F.A. Hayek's legacy in philosophy of law and social theory. Taking as an example the works of SPSU professor I.Y. Kozlikhin, and some other works about Hayek's theory of law, the author demonstrates several inadequacies of the current literature on Hayek's legal philosophy. In criticizing these highly debatable approaches, the author describes multiple but rarely considered nuances of Hayek's conception of law, which seem to be necessary for adequate understanding of his works. In the author's view, only these details allow to cast some doubt on stereotypes about Hayek as a sort of “liberal ideologist” and unfold the true original potential of his philosophy. The main hypothesis of the article is that the key to this original potential lies not in Hayek's theory of freedom and market, but in his fundamental epistemological views. The ideal of freedom is not enough to discriminate between what is “just law” and what is not in hayekian theory. Only by the means of Hayek's epistemology we can separate law as “rules of just conduct” from other types of social institutions in his theory. This separation is based on broader epistemological separation of “simple” and “complex” phenomena in Hayek's theory of knowledge, which is reflected in his distinction between “organization” (Taxis) and “spontaneous order” (Kosmos). Since only the last of them represents a «complex phenomenon», it means that only a system of special meta-rational rules of conduct can provide an epistemically restricted social actor with an ability to act effectively in such a complex and rationally unknowable social structure. It is argued that only this “technical” capacity of meta-rational just law can be seen as the true basis of Hayek's theory of law. Neither hayekian theory of freedom, nor his theory of market can shed light on the Hayek’s most important and original contribution in the domain of legal theory. It is Hayek's epistemology that can be seen as the ultimate foundation of his conception of lawn.

The goal to be achieved in the first instance is to make some reflections on the mythological models judge, brought by François Ost in your text Jupiter, Hercules y Hermes: three models juez, and their levels of discretion in their decisions. For this, each judge model will be contextualized and compared with its theory of law to which Ost bind them. As a result, will be sought-delineate these theories, the existence of advances in the control of discretion in the interpretation of the law, making it a comparative form between each mythological character, using the deductive research method for this.