Formalistinio požiūrio nepakankamumo aiškinant ir taikant teisę priežastys
The topic analyzed in the article is relevant due to the fact that the law and legislation are very important for the implementation and assurance of social justice in our society. However, the legal norms are not the only aspect in determining the fairness of the decision. The things like morality, values, inner court conviction cannot be forgotten. The article is of a theoretical analytical nature, it addresses the problems associated with the formalistic approach to the law, it aims to analyze the reasons justifying failure of this approach in the interpretation and application of the legal norms in practice, considering the importance of justice in the regulation of social relations: it is the nondisclosure of concepts content in specific legal norms, the complexity of actual circumstances identification, the emergence of legal gaps in legislation, the restriction of legal principles application, the influence of moral norms and abuse of reasoning. It also discusses the relationship between logic and law and its significance for law interpretation and application. The article reveals the origin of the formalistic approach applying historical method; linguistic method helped to identify the meaning of legal norm analyzing its text according to the meanings of words accepted in general and specific language; logical analysis method analyzed the logic and the law proportion; document analysis and systematic analysis methods were applied to analyze scientific literature and legal acts. Summation method helped to draw conclusions, to provide possible solutions.
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