disser_arhipov
.pdfAnnex 1. Structural flowchart of the logic of the concept of the semantic limits of law
Table 1. Structural flowchart of the logic of the concept of the semantic limits of law
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Semantic limits of law |
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Correspondence to the criteria |
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«SERIOUSNESS» – |
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«Currency value» of the object of |
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Yes |
No562 |
Yes |
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relations |
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Criteria |
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(T. Parsons et al.) |
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«REALITY» – |
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Adequacy of the functionality of |
No. |
No |
Yes |
Yes |
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the object of relations563 |
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(isomorphism) |
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Qualification of the result of interpretation in |
Absurdity |
Weighing of values / morality |
Common sense |
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relation to common sense |
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Blocking the site with a |
Social satire in relation |
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A classic “gunman |
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fantasy recipe of dynamite |
to real subjects. The |
Field role-playing game |
situation” in which the |
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from Minecraft. The |
subject is obviously |
using real arms. The |
robber relies on violence |
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Practical situation example |
subject is functionally a |
serious (conversion), but |
object is not serious, but |
(encroaching on “social |
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fantasy, and the use of |
most often unrealistic. |
functionally adequate. |
and currency value”) and |
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dynamite in Minecraft has |
Law enforcement |
Weighing public danger |
uses real weapons to |
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no “currency value” in the |
depends on weighing |
and the right to rest / |
obtain real money (the |
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sense of the corresponding |
freedom of speech and |
culture. |
main subject is probably |
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norm. |
other values. |
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money, not weapons). |
562In this case, it can be assumed that the “socio-currency value” does not exist as a result of a change in the convention – the J. Fairfield’s principle of consent.
563The “seriousness” and “reality” of the subject matter of the relationship are interrelated and mutually defined criteria. The adequacy of the function should be determined in that aspect of the object in which it has currency value, and vice versa. The analysis of the actual composition as a part of the law enforcement
process should include an intellectual process of identifying the elements having “socio-currency value” and checking their functional adequacy (or vice versa depending on the situation). “Currency value” should be assessed from the point of view of the subject of regulation of the norm, the application of which to the relations is considered.
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Annex 2. Functional flowchart of analytical process of application of the concept of the semantic limits of law (“borderline situation” of interpretation)
Table 2. Functional flowchart of analytical process of application of the concept of the semantic limits of law (“borderline situation” of interpretation)
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Consecutive stage of the process |
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Description / clarification of the stage |
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Practical example |
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(blocking of Minecraft’s website)564 |
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1. |
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Rational or intuitive formulation of |
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From the point of view of common sense philosophy, an intuitive |
If the information about the blocking of the |
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the hypothesis about absurdity of |
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statement of such a hypothesis in the order of things – it is |
website containing the description of the recipe of |
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the result of interpretation of the law |
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obvious that “something is wrong” with the interpretation. From a |
the “explosive substance” from the computer game |
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more detailed point of view, it can be noted that the possibility |
is limited, the intuitive grounds of the result of the |
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and legitimacy of the intuitive formulation of the question can be |
interpretation of the relevant legal texts are seen as |
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explained by the fact that a socialized (including professional) |
absurd. |
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specialist in the field of law, whose personality is the product of |
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his social reality, at least, approximately realizes or “feels” the |
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typical for a given society and time generalized symbolic media |
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and can guess that this “something” may be “wrong”. Doubts |
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about the isomorphism of the subject of the relationship to the |
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central value of the legal norm can be quite rational – the absence |
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of a direct logical correspondence. |
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2. |
Identification of the object of social |
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One of the most difficult stages in the concept. Any real social |
The object of the relationship associated with the |
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relations, the analysis of the qualities |
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attitudes are complex and include several possible objects, each of |
posting of such a prescription may vary, for |
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of which is necessary for the |
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which can potentially be linked to different generalized symbolic |
example, the distribution of such content may be |
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resolution of the case. |
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media. Thus, at this stage, the perspective of the situation is |
assessed in terms of intellectual property rights or |
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chosen. Since the key practical objectives of the concept of |
freedom of creation. The possibility of blocking is |
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semantic limits of law are to propose models and structure forms |
faced with these values and linked to the |
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for the application, interpretation and creation of a law in the area |
hypothetical notion that it is “terrorist activity” |
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564 A crosscutting representative example of this study. At least once, a court decision was made to restrict access to the site of the popular (and quite innocent) computer game Minecraft, which contained a “recipe for making dynamite” that was fictitious. Roskomnadzor itself found this decision absurd and did not block the site. For more details, see § 5 of Chapter 1 of this study.
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of “penumbra”, the starting point for establishing the subject |
(whereas the absurdity - to call it the computer |
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matter may be, for example, the central importance of the law, the |
entertainment game process - can be seen here as |
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priority of public policy and other positive (in the sense of |
elements of a grotesque). The subject of the |
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positive law or positive morality) grounds that directly or |
relationship is, therefore, information about the |
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indirectly lead to a shared value. |
object of the alleged terrorist activity. |
3. |
“Preparation” of the core meaning |
This step is based on the notion that in any rule, regardless of the |
The core meaning of the relevant legal provision |
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of the legal norm for further use as a |
degree of formal uncertainty, it is possible to identify at least one |
includes the distribution of such a recipe of |
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reference for checking the functional |
value that can be attributed to the “core” in terminology of |
dynamite, which can create a real explosive |
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adequacy of the subject of the legal |
H. Hart. Using the method of hypothesis and logical methods, the |
substance. |
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relationship. |
model core meaning or the range of meanings, which can be said |
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to be central, is analytically distinguished, after which, if |
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necessary, abstraction from the details to form the idea of the |
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function of the model core meaning is carried out. |
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4. |
Verification of the functional |
This step depends on the results of the previous steps. The |
The function of the recipe for dynamite in the |
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adequacy of the subject matter of |
selected abstract function underlying the core meaning of the |
game is compared with the function of the recipe |
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the relationship to the core meaning |
relevant legal norm is compared with the function of the object of |
for dynamite in “real” life. The conclusion is made |
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of the legal norm, which is supposed |
the relationship, which was highlighted in the second stage of the |
about fantasy function and function of dynamite in |
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to be applied in this case. |
process of establishing semantic limits of law in a given situation. |
the game. In fact, two information objects are |
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compared. |
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We emphasize that the answer would be |
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different if the function of the recipe dynamite |
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in the game was adequate to the function of the |
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recipe dynamite in real life. |
5. |
Assessment of the “socio-currency |
In parallel with the process of determining the functional |
From the point of view of empirical sociology, and |
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value” of the subject of attitude from |
adequacy (isomorphism, fantasy) of a relationship subject at the |
in the perspective in which we consider the object |
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the point of view of theoretical and |
center of a controversial, potentially absurd situation, the subject |
of the relationship (see the result of Stage 2) that |
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empirical sociology. |
is evaluated from the point of view of empirical sociology. The |
we have no convertible “socio-currency value”. |
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key method is a mental experiment, ideally based on empirical |
For example, there is no evidence that Minecraft is |
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data,565 the convertibility of the value component of the object of |
used by terrorists as an ideological tool. |
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565 Empirical evidence of convertible currency value can be, for example, confirmed representative and relevant examples of (a) commercialization of the subject of relations (generalized symbolic media – money), the use of the subject of relations in the mobilization of social groups in political activities (generalized symbolic media – political power) and other examples of conversion into other generalized symbolic media of a high level of abstraction, as well as (b) cause-and-effect relationship between the subject of relations existing at the lower level of abstraction practices at the societal level that underlie some generalized symbolic media (e.g., the conversion of art into violence of a “monopolistic” or “quasi-monopolistic” nature as the object of a low level of abstraction that underlies political power (T. Parsons).
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the relationship, including on the basis of the notion of external |
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referent of value, into generalized symbolic media or, where a |
Let us emphasize that the answer would be |
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potential media is involved, into other generalized symbolic |
different if Minecraft was a “cult” phenomenon |
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media. |
among terrorists in modern culture and social |
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life. Or, for example, among the ideologists of |
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massacres in schools. There is no empirical |
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evidence, even indirect evidence of this at the |
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moment (unlike, for example, some other |
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computer games, the subject of separate |
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discussion). |
6. |
Structuring legal reasoning by |
As a result of the implementation of the thinking (and, if possible |
The above arguments are “translated” into the |
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“translating” the key arguments of |
and necessary, empirical) process at previous stages, formed a |
language of formal-dogmatic jurisprudence in |
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the analysis into the language of |
sociological and legal and theoretical-sociological system of |
order to prepare a coherent legal reasoning. At this |
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legal dogmatism. |
arguments, justifying the application or lack of the possibility of |
stage, on the basis of semantic analysis, the syntax |
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application of the legal norm. However, it should be translated |
is used explicitly. |
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into the language of legal dogmatics in order to be included in the |
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system of rational legal argumentation, which itself acts as an |
The main conclusion of the case study is that it is |
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external referent of value, ensuring the functioning of the legal |
absurd to apply the norms that allow limiting the |
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system as a subsystem of a general social system based on such |
information about the means of carrying out |
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generalized symbolic media as value commitments and, |
terrorist activities, because the function of the |
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especially, influence. |
subject of relations is fantasy and the subject of |
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relations has no convertible “socio-currency |
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value”. |
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In the "translation" into the language of formal- |
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dogmatic jurisprudence: “This interpretation of the |
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legal norm is absurd, because the disposition of |
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this norm does not cover the circumstances of the |
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case. The subject of public relations cannot be |
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considered as a special object of legal relations on |
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restricting information on the methods of terrorist |
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activities. The relevant law regulates the most |
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important public relations, but there are no such |
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relations in this case”. |
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Note when the reasoning and response will change: |
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1) If we analyze the situation from the point |
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of view of another object of relations (for relations in the field of contemporary interactive art we can highlight the object of “social-currency value”).
2) If the intra-game recipe for dynamite is functionally consistent with the actual recipe for dynamite. In this case, there is a functional adequacy and the question of the possibility of limiting such information ceases to be not relevant.566
3) Even if the intra-game recipe for dynamite is fantastic, but through, for example, a “language game” (the word “dynamite” is used for both), the game itself becomes a tool for the ideological influence of terrorists or other offenders (i.e., a convertible “socio-currency value” is obtained), the question of whether such information can be restricted also ceases to be not relevant.
566 In fact, this second potential exception is very important for the whole study. Firstly, it can be seen as a conclusion for the right to information (the imposition of such a restriction may be legitimate because it can be reasonably justified on the condition that it is ‘weighed’ against freedom of information). Second, as a conclusion for game design (it is recommended that developers take into account the reality of the object, as this may create risks or, conversely, if it is not a dynamite and similar things, the opportunity to play). Third, as a conclusion for game studies (the isomorphism of the function of the game elements to real subjects is a necessary factor for the requalification of the product, for example, from entertainment to training).
Annex 3. The table of correspondence between expressions of legal dogma and the notions of the concept of the semantic limits of law
Table 3. The table of correspondence between expressions of legal dogma and the notions of the concept of the semantic limits of law
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Indicative567 expression of legal |
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Concept of the theory of |
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Clarification |
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dogmatics |
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semantic limits of law |
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1. |
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«Absurd interpretation [of the legal |
Meaning 1. The result of legal |
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Although both law enforcement |
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text]”. |
interpretation, which implies the |
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practice and individual legal texts |
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application of the rule of law to |
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and legal interpretation theory use |
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public relations, the subject matter |
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the criterion of “absurdity”, it is |
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of which does not possess the |
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generally not disclosed in sufficient |
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qualities of “seriousness” and |
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detail and specificity to be used in |
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“reality” at the same time. |
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actual legal reasoning. Giving a |
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clear meaning to the term “absurd” |
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Meaning 2. The result of legal |
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in the context of legal |
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interpretation, which implies the |
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interpretation is one of the key |
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application of the rule of law to |
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objectives of this study. |
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public relations, the subject matter |
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of which does not possess any of |
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the fundamental qualities |
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(“seriousness” or “reality”), and the |
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result of “weighing” moral values |
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in a given society at this stage of |
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development excludes the |
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application of the legal norm. |
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2. |
“The disposition |
The subject matter of the |
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The “fantasy” of the object of the |
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[hypothesis/sanction] of the legal |
considered relations is fantasy |
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relationship, in terms of an |
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norm does not cover [these] facts |
(functionally inadequate) to the |
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isomorphic interpretation of the |
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of the case” and/or “These facts of |
central importance of the legal |
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theory of correspondent truth and |
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the case are not subject to the legal |
norm. |
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in relation to the central meaning of |
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regulation of this legal norm”. |
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the legal norm, by definition means |
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that the facts constituting the object |
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are not legal facts. |
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3. |
«Based on the meaning of the legal |
«The object of public relations has |
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If the subject is an external referent |
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rule in question, it does not apply |
“socio-currency value”, although |
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of value from the point of view of |
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to these relations» |
we cannot necessarily assert that |
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empirical sociology (hereinafter – |
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the object is functionally adequate |
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“ERV”) and (or) otherwise has a |
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to the core meaning of the legal |
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social currency value referring to a |
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norm. If the object is fantasized, we |
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convertible generalized symbolic |
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need to “weigh” moral values to |
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media (hereinafter – “GSM”), |
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establish the possibility of law |
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although it is not mentioned or |
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enforcement as a result of an |
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implied in the legal norm directly, |
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expansive interpretation of the |
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it can (and probably should) |
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legal text». |
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nevertheless be regulated by law. |
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However, since the decision to |
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apply the law in this case is not |
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obvious, a rationale involving |
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weighing up moral values is |
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necessary. |
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567 The word “indicative” in this case aims to clarify that specific expressions of legal dogma.
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4. |
«There is a gap in legislation and it |
Similar to the above, but at the |
Similarly, subject to the correction |
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needs to be addressed by analogy |
same time we can unequivocally |
of a clear understanding of the |
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of law [analogy of statute]» |
assert that the function of the object |
fantasy nature of the subject. |
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of the relationship is inadequate |
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(fantasy) to the function implied in |
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the core meaning of the legal norm. |
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5. |
«The most important social |
Social relations, the object of |
According to numerous |
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relations». |
which has “socio-currency value”. |
publications in the field of legal |
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theory, there is a universal |
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“explanation” of what can be |
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regulated by law. Of course, the |
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law – on the example of a common |
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definition of law – can only |
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regulate “the most important social |
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relations”. Of course, this is true. |
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But the concept of semantic limits |
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of law allows us to eliminate the |
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amorphousness of the circle of |
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meanings of this term and explain |
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the principle of singling out the |
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most important public relations |
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through “socio-currency value”. |
6. |
«Special object of legal |
External referent of value. |
The special object of the legal |
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relationship».568 |
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relationship has value properties, |
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and for law “value properties” has |
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what reflects the “socio-currency |
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value”, converted into alternative |
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GSM. Therefore, a special object, |
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as a specific material or non- |
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material object, is an ERV. |
7. |
«Public danger» |
«Seriousness» in the meaning of |
The nuance is that seriousness does |
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the convertible «socio-currency |
not necessarily mean social danger |
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value». |
– it means the exact opposite of it |
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quite often. Conditionally, this |
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contrast can be called “public |
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good” (it seems that here we are |
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getting closer to utilitarianism). |
568 As A.V. Polyakov and E.V. Timoshina point out: “The special object of legal relations can be considered specific material and non-material, animated and inanimate objects – carriers of value properties”. See: Polyakov A.V., Timoshina E.V. General theory of law. P. 387. The above definition is given within the framework of the pluralistic theory of the object of legal relations.