Work

Positive legal liability as a product of scholastic theorizing

Year: 2024

Type: article

Abstract: The thesis is substantiated according to which the concept of positive legal liability is the result of scholastic theorizing, i.e. «theorizing for the sake of theorizing». Three features of scholastic theorizing are selected for analysis: polysemantic definitions, detachment from reality and pseudo-innovation, and it is shown that the concept of positive legal liability fully corresponds to these features. It is concluded that this concept is a variant of text-creation, i.e. the activity of creating new texts and introducing them into doctrinal circulation.

Source: Legal Science and Practice Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia

DOI: 10.36511/2078-5356-2024-4-29-37

Author: Aleksandr Mil'kov

Institutions: Plekhanov Russian University of Economics, Russian Economic University after G.V. Plekhanov

Language: English

Topic: Legal and Social Philosophy

Subfield: Sociology and Political Science

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4405702664

FWCI:

Cites: 4

Cited by:

Related to: 10