Legal Doctrine: Definition and Essence

The legal dogma implies generally accepted starting points on the operation and establishment and provisions of a positive law. The doctrine of legal dogma (on the justification and development of a general concept, certain provisions and the system as a whole) is called a legal doctrine. This concept is collective, denoting the whole body of scientific legal judgments and interpretations on positive law, which forms the basis of legal dogma.

The legal doctrine substantiates and develops the basic cognitive legal forms (concepts, principles, constructions, terms, means, methods, methods), interpretation of positive law (its structure and system, sources, applications and actions, restoration and violations). The whole aggregate of data of cognitive legal forms, which treat positive law, is the content of legal dogma.

Thanks to these legal cognitive forms, the doctrine of law logically regulates the chaotic and contradictory empirical material of the existing law in the form of an internally consistent and integral system of positive law (with corresponding interrelations and structural elements). Thus, the legal doctrine embodies the thought (logical), legal model of positive law (method, method and theoretical and logical construction) used for the doctrinal proper interpretation and understanding of positive law, as well as for its operation and actual establishment in reality.

The described model of law is formed through a specific legal-doctrinal vocabulary, or with the help of a specific system of special interrelated logical categories, concepts, definitions, word constructions and terms.

The semantic content of the legal vocational language is due to the fact that it defines and characterizes the logic of generally binding requirements (norms and rules) of positive law. The legal language is used not simply to describe a particular actual state, but also interprets (interprets) it from the side of the legally proper.

In essence, the legal doctrine and its legal language are non-descriptive (descriptive) prescriptive (prescriptive). In addition, the legislative language, which expresses the action and the creation of a positive law, is the generally accepted legal language created by legal doctrine and expressing a normological common nature and legal doctrine.

Therefore, the proper use and mastery of the legal professional language, clarity and accuracy in the use of legal relevant terms, concepts, definitions, verbal formulations, evaluations, characteristics, etc. Are the primary goal of legal education and an indispensable requirement of observance in all spheres of practice and theory of law of legal culture.

For a long time, the doctrine of law has acted in various legal systems as one of the main, and in some cases, the main source of positive acting law. And now the doctrine is a category that plays a significant role in the processes of applying and establishing a positive law. And in many systems it is officially used as an active source of law.

In general, the legal doctrine, through its logical legal interpretation, not only reflects, but also determines, expresses, actively participates in the process of its implementation and creation. Without a doctrine of law, there can not be a particular system of positive law . And even in cases where legal doctrine is not an official source of law, in fact its provisions are present in all forms and content of its application and action.