Legal doctrine: the definition and nature

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Legal dogma implies conventional assumptions about the action and the establishment of positive law and regulations.The doctrine of legal dogma (the rationale and development of the overall concept, the individual provisions and the overall system) called legal doctrine.This is a collective term denoting the totality of the scientific judgments and legal interpretations of the positive law, which is the basis of legal dogma.

legal doctrine justifies and develop the main cognitive legal forms (concepts, principles, structures, terms, means, methods, techniques), interpretation of positive law (its structures and systems, sources, applications and actions, and violations of recovery).The totality of the data of cognitive legal forms, treating positive law, and is the content of the legal dogma.

With these legal forms of cognitive, right doctrine logically organizes chaotic and contradictory empirical evidence of existing law in the form of an internally consistent and coherent system of positive rights (with the appropriate relationships and structural elements).Thus, legal doctrine contains the mental (logical), the legal model of positive law (method, the method of theoretical and logical structure) is used to doctrinal proper interpretation and understanding of the positive law, as well as for his actions and the actual setting in the real world.

described model right is formed by the specific legal and doctrinal vocabulary, or by a certain system of special interlocking logical categories, concepts, definitions and terms verbally designs.

meaningful semantic feature of the legal professional language due to the fact that it can be determined and is characterized by the logic of mandatory requirements (regulations) of positive law.Legal language is used not only to describe one or another of the actual state, but also interprets (treats) from its legally due.

essentially legal doctrine and its legal language are non-descriptive (descriptive), directing (prescriptive) character.Moreover, the legislative language that expresses the action and the creation of positive law, is generally accepted in legal terms established legal doctrine and expresses normologicheskuyu general nature and legal doctrine.

Therefore, proper use and mastery of legal jargon, the clarity and precision in the use of legal related terms, concepts, definitions, verbal statements, assessments, performance, etc.is the primary goal of legal education and an indispensable requirement of compliance in all areas of practice and theory of law legal culture.

a long time, the doctrine of the right to speak in various legal systems a major, and in some cases, the main source of positive law in force.And now the doctrine - a category which plays a significant role in the establishment and application of positive law.And in many systems it is officially used as an effective source of law.

In general, the legal doctrine of their logical interpretation of the law not only reflects, but also determines expresses, is actively involved in its implementation and the establishment.Without the doctrine of law can not be certain of a positive right.And even in cases where the legal doctrine is not an official source of law, its provisions are actually present in all forms and contents of his application and operation.