LEGAL SYSTEM, SYSTEMATIC LAW, SYSTEMIC APPROACH IN LAW AND THE CATEGORIES OF GENERAL, PARTICULAR AND INDIVIDUAL

E.A. Kulikov
2020 Russian-Asian Legal Journal  
The article is based on the interconnection of the systemic method of cognition of legal phenomena, thespecifics of the legal "augmented" reality and the categories of the general, special and singular. Consistencyin law manifests itself in the process of ascent from the abstract to the concrete — from extremely generallegal phenomena and concepts to individual legal phenomena and concepts. The dialectic of the general,the particular and the individual is also based on this. The general rule of
more » ... law receives a specification in thesystemic nature of positive law, which, in turn, is reflected in the elements of positive law. General conceptsof the elements of the system of law, for example, branches of law, on the one hand, are universal for theconcepts of special phenomena within the framework of branch sciences, on the other hand, due to the lawsof the categories of general, particular and individual, they subordinate the meanings of these concepts.Sectoral concepts should be meaningfully fit into general theoretical ones, in principle they cannot disagreewith them, otherwise they will not be related as general and special. Ignoring the dialectics of the general,the particular and the individual, as the logic of existence and development inherent in closed systems, canlead to a distorted reflection of reality and defects in legal regulation.
doi:10.14258/ralj(2020)4.4 fatcat:p2or7wqj6vgknlwr3gq6jpiusi