On the theory of interpretation

Legal Studies ◽  
1990 ◽  
Vol 10 (2) ◽  
pp. 127-135 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
Hierarchical Structure ◽  
Legal System ◽  
Intellectual Activity ◽  
Concrete Material ◽  
Standard Case ◽  
Legal Norms ◽  
The Hierarchical Structure ◽  
Theory Of Law ◽  
General Norm ◽  
Individual Norm

The legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant consequences for the problem of interpretation. Interpretation is an intellectual activity accompanying the law-creating process as it moves from a higher level of the hierarchical structure to the lower level governed by this higher level. In the standard case, that of interpreting statutes, the question to be answered is how, in applying the general norm (the statute) to a concrete material fact, one is to arrive at a corresponding individual norm (a judicial decision or an administrative act).

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

Notion and interaction of international and national legal systems

2017 ◽  
Author(s):  
Вячеслав Гаврилов ◽  
Vyachyeslav Gavrilov
Keyword(s):  
Legal System ◽  
Great Part ◽  
Legal Systems ◽  
Law Schools ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Legal Norms ◽  
Theory Of Law ◽  
Legal Mechanism

The monograph addresses the development of the legal system concept within the general theory of law and international legal doctrine in the second half of the XX and the beginning of the XXI century. It also defines and analyses the content of the following categories: “national legal system” and “international legal system”; reveals prerequisites for and main directions of their interaction. A great part of the monograph deals with the analysis of theoretical concepts and characteristics of the legal mechanism behind the operation of international legal norms in the legal systems of modern States. It is intended for professors and students of law schools, employees of state bodies and law-enforcement agencies as well as for those who are interested in the international law theory and its practical realization.

scholarly journals Intellectual Nature of Law in the Basic Concepts of Understanding Law

2021 ◽  
pp. 835-843
Author(s):  
Aleksei Kosykh
Keyword(s):  
Sociology Of Law ◽  
Intellectual Activity ◽  
Legal Norms ◽  
History Of ◽  
Integral Element ◽  
Basic Concepts ◽  
Anthropological Approach ◽  
Theory Of Law ◽  
Definition Of ◽  
Historical Methods

Introduction: formation of legal norms and their transformation, creation of the legal system, specialization and sectoral differentiation of legal norms indicate constant qualitative, intellectually grounded development of law. In the article the author analyzes basic concepts of understanding law (natural, historical, psychological, normative, Marxist, of anthropological approach) in order to determine the essence (nature) of law. The study of essential foundations of law is a fundamental task not only for the theory of law and state, but also for other sciences (philosophy of law, sociology of law, history of legal doctrines). The purpose of the work is to study an intellectual nature of law on the basis of analysis of various concepts of understanding law. Methods: the author’s key conclusions and findings are based on the use of materialistic dialectics in comparative legal, sociological and historical methods. Discussions: it is noteworthy that in each concept of understanding law, intelligence (mind, reason, common sense) is considered by scientists as an integral element of the process of legal education. Conclusions: taking into account the stated above, the author proposes to consider law within the framework of an anthropological approach as a result of human intellectual activity not only by its origin, but also by its essential basis, its nature. The author puts forward the thesis that law is the result of intelligence-based thinking activity of a person and suggests the author’s definition of law.

The Kelsenian Model of Constitutional Review in Times of European Integration – Reconsidering the Basic Features

2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka
Keyword(s):  
European Integration ◽  
Legal System ◽  
Constitutional Court ◽  
Centralized Control ◽  
Constitutional Treaty ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Legal Norms ◽  
Basic Features ◽  
The Eu

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.

Parafia unicka w Rachaniach do 1811 roku/ The Uniate Parish in Rachanie until 1811

2012 ◽  
Vol 67 (2) ◽  
Author(s):  
Janusz Adam Frykowski
Keyword(s):  
Hierarchical Structure ◽  
Geographical Location ◽  
Historical Sources ◽  
Holy Communion ◽  
The Hierarchical Structure ◽  
History Of ◽  
The Church ◽  
Ancillary Equipment

AbstractThe following paper depicts the history of Saint Simeon Stylites Uniate Parish in Rachanie since it became known in historical sources until 1811- that is the time it ceased to be an independent church unit. The introduction of the article contains the geographical location of the parish, its size and the position within the hierarchical structure of the Church. Having analysed post-visit inspection protocols left by Chelm Bishops, the appearance as well as fittings and ancillary equipment of the church in Rachanie in that particular period are reported. Moreover, the list of 4 local clergymen is recreated and their benefice is determined. As far as possible, both the number of worshipers and the number of Holy Communion receivers is determined.

Default Logic Models of Certain Inheritance Systems with Exceptions

1993 ◽  
Vol 18 (2-4) ◽  
pp. 129-149
Author(s):  
Serge Garlatti
Keyword(s):  
Hierarchical Structure ◽  
Formal Semantics ◽  
Sufficient Conditions ◽  
Nonmonotonic Reasoning ◽  
Default Logic ◽  
Representation Systems ◽  
The Hierarchical Structure ◽  
Necessary And Sufficient ◽  
Structure Of Knowledge ◽  
Made In

Representation systems based on inheritance networks are founded on the hierarchical structure of knowledge. Such representation is composed of a set of objects and a set of is-a links between nodes. Objects are generally defined by means of a set of properties. An inheritance mechanism enables us to share properties across the hierarchy, called an inheritance graph. It is often difficult, even impossible to define classes by means of a set of necessary and sufficient conditions. For this reason, exceptions must be allowed and they induce nonmonotonic reasoning. Many researchers have used default logic to give them formal semantics and to define sound inferences. In this paper, we propose a survey of the different models of nonmonotonic inheritance systems by means of default logic. A comparison between default theories and inheritance mechanisms is made. In conclusion, the ability of default logic to take some inheritance mechanisms into account is discussed.

Sign in / Sign up

Export Citation Format

Share Document