Methodological prerequisites for a general theoretical study of the phenomenon of “atypical normative legal acts”
Year: 2024
Type: article
Abstract: In this article, the author analyzes the methodological prerequisites for the study of atypical normative legal acts. It is noted that currently there are no independent monographic studies devoted to this phenomenon in the Russian scientific literature. Several theses are outlined as key methodological prerequisites for the implementation of a qualitative general legal analysis of the phenomenon of “atypical normative legal acts”. First, the need to provide justification for the justification of the name of the phenomenon in the field of research attention is revealed. Secondly, the task is set to solve the problematic question: to which category of concepts or categories in the existing system of general theoretical knowledge do “atypical normative legal acts” belong. Thirdly, it is pointed out that atypicity is not an accident, but a natural consequence of the development of the legal system of society. As a result, the study of legal reality, which goes beyond the traditional, typical and standard, using theoretical thinking, becomes very relevant. The author comes to the conclusion that “atypical” does not mean some kind of “anomaly” and should not be equated with any extreme cases — no associative connection should arise here. The atypical nature of certain elements is, in fact, a pattern, a consequence of complex and contradictory processes taking place in modern society.
Author: Kirill Lazorin
Language: English
Topic: Legal Studies and Reforms
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405702606