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Critical Analysis of Legal Norm in the Context of Different Types of Legal Understanding

Student: Fedorinin Nikita

Supervisor: Dmitriy Mazaev

Faculty: Faculty of Law

Educational Programme: Legal History, Theory and Philosophy of Law (Master)

Year of Graduation: 2019

This thesis focuses on the theoretical analysis and critical assessment of the concepts of the legal norm in the different types of legal tunderstanding. The study uses a methodological approach that allows to classify legal doctrines as belonging to the classical or post-classical type of legal understanding. The study analyzes both classical (legistic, sociological) and post-classical types of legal understanding. To achieve the objective of the thesis, the following tasks were set and completed: concepts of legal understanding and their typologies were examined, approaches to the analysis and evaluation of the concepts of the legal norm were defined, the legistic, sociological types and post-classical types of legal understanding were characterized, the theoretical concepts of the legal norm were analyzed and critically evaluated in connection with its place in the legal and social realities in the said types of legal understanding. The methodological basis of the research is the post-classical legal methodology, within which the method of interpretation and the principles of phenomenological sociology is used. The result of the study is the identification of problems of the concept of the legal norm in legistic and sociological types of legal understanding, the substantiation of possibility of creating a complete and consistent theory of the legal norm in integrative post-classical approaches.

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