SYSTEMATIZATION OF LAW:THE BRICS CONTEXT AND BEYOND

BRICS Law Journal

M. Antonov¹ 

[1] Higher School of economics, St. Petersburg;

关键词: systematization;    unity of law;    coherence;    legal system;    legal order;    the BRICS;    legal reasoning;   

DOI  :  10.21684/2412-2343-2015-2-1-7-14

来源: DOAJ

【 摘 要 】

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 a logically 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 a hierarchy 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.

【 授权许可】

Unknown