On the scientific scope of the 'legal drafting' concept
| Autor: | Igor P. Kozhokar |
|---|---|
| Jazyk: | English<br />Russian |
| Rok vydání: | 2023 |
| Předmět: | |
| Zdroj: | RUDN Journal of Law, Vol 27, Iss 2, Pp 273-287 (2023) |
| Druh dokumentu: | article |
| ISSN: | 2313-2337 2408-9001 |
| DOI: | 10.22363/2313-2337-2023-27-2-273-287 |
| Popis: | The article attempts to define the content of “legal drafting”, as well as its place and role in the categorical apparatus of the theory of law. It investigates the main scientific approaches to the definition of the concept and classification of types of legal documents technology. The paper determines its axiological significance through a functional methodological approach, the impact on the effectiveness of legal regulation, as well as the place and role in the categorical apparatus of the theory of law. The findings of the research show that the terminological feature of the concept of “legal drafting” is described through a number of aspects. First of all, this term performs the function of a “framework concept” and is often subjected to erroneous idealization. At the same time, the term “legal drafting” has a polysemantic character and, therefore, enjoys a poly conceptual scientific maintenance; basically, it refers to the instrumental part of legal activity. The research concludes that the legal drafting technique occupies a special place in the categorical system, which is primarily due to the difference in approaches to its interpretation, and the large volume of its content. |
| Databáze: | Directory of Open Access Journals |
| Externí odkaz: |
|