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ŠTEVČEK
ŠTEVČEK,
M.: Principles and principle-protected values of the civil law in the 21st
century – outline of formalised methodology
Právny obzor, 99, 2016, č. 5,
s. 369 – 377.
Abstract. Principles and
principle-protected values of the civil law in the 21st century – outline of
formalised methodology. The article outlines the problematics of methodology of
principles of civil law at time that is by modern philosophy tracted as
hypermodern age. Hypermodern age is characterized by an unprecedented boom of
technology, and also by an inclination to rational individualism and liberalism.
It undoubtedly has an impact on the principles of private law and procedural law.
They are seen as orders to methodological optimize production, but also the
application and interpretation of civil norms. Author sees the principles as the
most basic level of normative axiomatic system. As axioms, they are then
transferable to a formalized lambda calculus of first order of predicate logic
without identity, what is submitted on several principles in the article. As a
basic hermeneutical metaprinciple is, pursuant the author, considered rational
legislator form which are deducible other principles of creation, but also the
application and interpretation of civil law of 21st century.
Key words: civil law,
principles, metaprinciples, hypermodernity, axioma, value, racionality, logic
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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