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Political Approach in Legal Science and the Doctrine of Gaps in Law
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Political Approach in Legal Science and the Doctrine of Gaps in Law
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2023.123
Publication type
Article
Status
Published
Authors
Victor Rudkovskiy 
ORCID: 0009-0001-0489-2558
Occupation: Professor at the Department of Philosophy and Theory of Law
Affiliation: Volgograd State University
Address: Volgograd, Russia
Edition
Volume 27 No. 11
Pages
5-14
Abstract

Among various scientific approaches used by modern jurisprudence, a special place is occupied by political approach or, more precisely, political-legal approach. The specificity of the indicated approach is that it suggests a specific view of law as means of realizing the actual needs and interests of society and the state. Consideration of the indicated approach gives opportunity to treat many actual and controversial problems of juridical science, including the problem of gaps in law, in a new way.

The purpose of the study is to demonstrate the uniqueness of the political approach (the politics of law) by the example of the doctrine of gaps in law.

The research methodology is presented by general and special legal means of cognition, special attention is paid to the argumentation of the distinctive features of the political approach.

The central idea of the study is that the concepts of the gap and the lack of a gap in law, due to different initial theoretical attitudes, do not compete so much as complement each other, offering different interpretations of legal issues. From the point of view of the theory of positive law, which defines law as a system of norms (what is law), there are no gaps in law, and from the point of view of the policy of law, which sees law as a means of satisfying certain social needs and interests (what should law be), there are gaps in law. These approaches should not be opposed. It is necessary to proceed from the assumption that the issue of the lack of a right can be solved in different ways. In the doctrine of gaps in law, along with the cognitive function of legal science, its practical-transformative function is especially pronounced. This circumstance makes it possible to interpret this doctrine as an element (sphere of scientific interests) of the policy of law.

Keywords
political approach in law, legal policy, gaps in law, law-without-gaps concepts, modernization of law, lawmaking
Date of publication
10.11.2023
Number of purchasers
10
Views
192
Readers community rating
0.0 (0 votes)
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Additional sources and materials

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