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Dôsledky právneho pluralizmu pre
právnickú metodológiu
The consequences of legal
pluralism for legal methodology
JUDr. Eduard Bárány, DrSc.,
Institute of State and Law of Slovak Academy of Sciences
Právny obzor, Volume 103, 2020,
No. 4,
pp. 258 – 270.
Published online: 31.8.2021
Abstract. The basic idea
of this paper reads, that legal pluralism leads to changes in the legal
methodology consisting of three parts: 1. methodology of law-making, 2.
methodology of implementation of law including interpretation, 3. methodology of
legal science (jurisprudence). In the process of lawmaking other legal systems
operative on the same territory are already taken into account. Different legal
systems have partially different canons of interpretation, and so in the
situation of legal pluralism when it is necessary to apply rules belonging to
more than one legal system, there are new challenges for traditional methods of
interpretation. Jurisprudence is confronted with the task to conceptualise
simultaneous operation of different legal systems on the systems on the same
territory and different concepts (definitions) of law and to accommodate its
methods to the changes in the subject of study.
Key words: legal
pluralism, law making, implementation, interpretation methodology, legal science
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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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