Yurii Kyrychenko, Volodymyr Orlianskyi, Viktor Kyrychenko, Natalia Riezanova, Julia Sokolenko
{"title":"Correlation between the source of Law and the form of Law concepts: theoretical and conceptual aspect","authors":"Yurii Kyrychenko, Volodymyr Orlianskyi, Viktor Kyrychenko, Natalia Riezanova, Julia Sokolenko","doi":"10.24862/rcdu.v14i2.1776","DOIUrl":null,"url":null,"abstract":"The purpose of the research is to view the main approaches to understanding the source of law category. Main content. On the basis of available scientific works by domestic and foreign scientists, the essence and content of the “source of law” was revealed, an analysis of the relationship between “source of law” and “form of law” concepts was carried out, and differences between them were substantiated. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. Summarizing what has been said, we can come to the conclusion that such concepts as “source of law” and “form of law” cannot be considered identical. Form of law is expedient to be defined as the method of law objectification that is, as external design of the content of law, the so-called external manifestation of the legal content. At the same time, source of law is appropriate to be considered as origins of law, that is, those conditions and circumstances in which meanings of law are formed, law as such is created from. Key words: source of law, form of law, content, internal and external forms of law, correlation.","PeriodicalId":53730,"journal":{"name":"Revista do Curso de Direito do UNIFOR","volume":"8 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2023-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista do Curso de Direito do UNIFOR","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24862/rcdu.v14i2.1776","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
The purpose of the research is to view the main approaches to understanding the source of law category. Main content. On the basis of available scientific works by domestic and foreign scientists, the essence and content of the “source of law” was revealed, an analysis of the relationship between “source of law” and “form of law” concepts was carried out, and differences between them were substantiated. Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. Summarizing what has been said, we can come to the conclusion that such concepts as “source of law” and “form of law” cannot be considered identical. Form of law is expedient to be defined as the method of law objectification that is, as external design of the content of law, the so-called external manifestation of the legal content. At the same time, source of law is appropriate to be considered as origins of law, that is, those conditions and circumstances in which meanings of law are formed, law as such is created from. Key words: source of law, form of law, content, internal and external forms of law, correlation.