Please use this identifier to cite or link to this item: https://elib.utmn.ru/jspui/handle/ru-tsu/16706
Title: Systematization of law: the BRICS context and beyond
Other Titles: Систематизация права: контекст БРИКС и за его пределами
Authors: Antonov, M.
Keywords: systematization
unity of law
coherence
legal system
legal order
the BRICS
legal reasoning
Issue Date: 2015
Publisher: Publishing House V.Ема
Citation: Antonov, M. Systematization of law: the BRICS context and beyond / M. Antonov // BRICS Law Journal / chief editor D. Maleshin; deputy chief editor S. Marochkin; executive editor E. Gladun. – 2015. – Vol. 2, No. 1. – P. 7-14.
Abstract: The present paper deals with the theoretical question of how can be warranted unity of legal system in the perspective of building up a new legal order of the BRICS. The author draws on the contemporary theories considering various aspects of explanation and construction of law as of alogically united system. Among such aspects are logical unity of legal propositions, epistemological unity of the phenomena unified under the term ‘law,’ factual unity of societal regulation, axiological unity of ahierarchy of legal values, procedural unity of legal reasoning, synergetic unison. It is asserted that the idea of unity of law is not something conceptually monolithic and allows for different readings, none of which can claim to be exhaustive. The author suggests that the BRICS does not need follow the track of systematization of the legislation of the Member States and that creating agglomerations of legal texts from different legal orders of the Member States is an issue not for politician but rather for legal scholars who can construct and reconstruct legal texts, jointing and disjointing them in the view of practical needs of amelioration of legal technique.
ISSN: 2412-2343
2409-9058
Source: BRICS Law Journal. – 2015. – T. 2, Vol. 1
Appears in Collections:BRICS Law Journal

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