Prospects for the formation of legal (judicial) doctrines: the experience of the USA and the possibilities of reception

 
PIIS102694520014055-1-1
DOI10.31857/S102694520014055-1
Publication type Article
Status Published
Authors
Occupation: Deputy Director for Science of the Institute of Law of Bashkir State University
Affiliation: Bashkir state University
Address: Russian Federation, Ufa
Journal nameGosudarstvo i pravo
EditionIssue 7
Pages162-167
Abstract

The current realities of the rapid development of technology and the social relations that are becoming more complicated in this regard require the formation of new forms and types of legal regulation. At the same time, it is fair to consider the quantitative criterion of accepted legal norms as an ineffective way to eliminate the uncertainty of law. In turn, the practice of using legal doctrines as a source of law in the Anglo-Saxon legal system for several centuries has shown its effectiveness in regulating relations that remain outside the legal space, while taking into account both legal tradition, doctrinal interpretations of legal scholars, and established judicial practice. In the study, the author suggests the formation of sectoral legal doctrines by analogy with the experience of using similar institutions in the United States of America as a perspective for the development of Russian legal science and practice. For this purpose, the features of the institute of legal doctrines in the USA are considered. As a result of the research, the author comes to the conclusion about the possibility of successful extrapolation of this institute. At the same time, it is emphasized that the process of forming sectoral legal doctrines should consist in collecting empirical material, monitoring data on the operation of regulatory legal acts and the results of scientific activity. However, as a result of this time-consuming process, doctrines will become a tool that allows determining the proper legal regulation of rapidly changing public relations, without waiting for the result of a long law-making process and will be a help for both legislators and law enforcement officers.

Keywordslegal doctrines, judicial doctrines, US doctrines, US legal system, Russian legal system, industry doctrines, judicial precedent, legal innovations, uncertainty of law
Received01.03.2021
Publication date25.07.2022
Number of characters24575
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