Concept of sources and legal forms of the German and Russian philosophy and the theory of law from the end of XVIII till the beginning of XX centuryJournal: LAW AND INNOVATIVE SOCIETY (Vol.1, No. 8)
Publication Date: 2014-12-10
Authors : Tomashevs ki K . L.;
Page : 7-17
Keywords : law; legal source; legal form; decree; legal custom; judicial precedent; contract;
Theoretical problems of sources and forms of the right were investigated throughout many centuries by outstanding representatives of philosophy and the legal theory. At the same time, so far discussion about concept and a ratio of these phenomena isn't ended, unities of opinions of scientists isn't observed. Considering that fact that in Soviet (in fact – Marxist-Leninist) to the analysis of views of pre-revolutionary foreign and domestic philosophers and theorists-lawyers for this problem not enough attention was paid to the theory of law, and estimates of their approaches had the unilateral and ideologized character, it is represented actual for modern law to address to their scientific heritage.
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