Problems of Theoretical Substantiation and Practical Implementation of Legal Doctrine in the 21st Century

Abstract

Introduction: The article discusses the problematic issues of the concept, justification and implementation of legal doctrine. There are different positions in the scientific community of our country on these issues. The author offers his own position on how to justify legal doctrine in a situation of ontological, cultural and epistemological relativism, as well as how legal doctrines are implemented in practice.Methodology and materials: The purpose of the study is to obtain new theoretical knowledge about the justification of legal doctrine and its practical implementation. The methodology used is dialogics as the interdependence and complementarity of the opposite aspects of the legal doctrine’s existence.The results of the study and their discussion: An important issue is to determine the modes of existence of a legal doctrine. These include its perception, naming, acceptance (recognition), and practical use. The definition of a legal doctrine cannot be achieved through the rules of formal logic, such as genus and species, but rather through the analysis of its use by legal actors. The justification of a legal doctrine presents a paradoxical situation of theoretical pluralism and the need for the unification of doctrinal knowledge. The implementation of a legal doctrine is further complicated by the paradox of “following the rule.”Conclusions: As a solution to the problems and paradoxes of the theoretical justification and practical implementation of the legal doctrine, the author suggests using the deliberation procedure.