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Title of Article

THE PROBLEM OF THE OPEN TEXTURE OF LEGAL LANGUAGE IN ANALYTICAL POSITIVISM


Issue
6
Date
2024

Article type
scientific article
UDC
34.01
Pages
106-110
Keywords
 


Authors
Gorbunov M.D.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The article examines the problem of the open texture of legal language as a key argument in the confrontation between the ideas of legal formalism and relativism. It has been established that the methodological guidelines of analytical philosophy expressed in the theory of F. Waismann influenced the perception of law through the prism of the peculiarities of legal language. Analytical legal positivism argues that legal language has a limited ability to describe factual situations, and therefore formal legal rules need to be clarified. Such clarification is made through judicial interpretation and precedent.

File (in Russian)