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Interpretation as a method of JURIDICAL technology in THE condition OF THE Russia law MODERNIZATION: CERTAIN problems and tendency

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PDF: Author(s): Bolgyrev S. N.,
Number of journal: 2(15) Date: May 2011
Annotation:

The article is devoted to the analysis of interpretation of the law with the application (attraction) of modern methodological concepts of law cognition. The author proposes to distinguish between classical and non-classical theories of the law interpretation and demonstrates their difference from each other. It is demonstrated that in the process of understanding of the sense of the legal norms in the context of a specific case the unnoticeable for the interpreter co-authorship takes place, or construction of the own individual sense of the norm, which unites the will of the legislator and the will of the law in the will of the interpreter. Attention to the nature and character of the number of problems of the use of a set of tools of the juridical technology has been drawn: shortcomings in the texts and the language of enactments, requirement to the legal and technical terminology, included in the content of laws and other enactments, the ratio of the quality of laws, other enactments and the potential of juridical technology.

Keywords:

juridical technology, juridical structure, law, lawmaking, legal enforcement, legal means, court, legal process, enactment, law modernization

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