Basic Concepts Of Legal Thinking

Basic Concepts Of Legal Thinking
Basic Concepts Of Legal Thinking

Video: Basic Concepts Of Legal Thinking

Video: Basic Concepts Of Legal Thinking
Video: Introduction: On Thinking Like a Lawyer and Basic Legal Reasoning 2024, May
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Understanding is a thought process aimed at knowing something. Legal understanding is a thought process aimed at knowing the law and carrying out its assessment.

Basic concepts of legal thinking
Basic concepts of legal thinking

The subject of legal thinking will always be a specific person, because of this, legal thinking will always be subjective. The object of legal understanding is law, and the content is the person's knowledge of his rights and obligations.

All the teachings that exist about law, to one degree or another, form legal thinking.

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There are the following concepts of legal thinking:

1) The natural concept says that along with the right established by the state, there are those rights that are granted to a person regardless of his state affiliation. Therefore, if the laws of the state are contrary to natural law, then they must be changed in an appropriate way.

2) The historical school said that law is a process of long and natural development of the state and society.

3) The normative theory says that law and the state are practically identical concepts, since the obligation to comply with legal norms was derived from the authority of the legal norm, which came from the state.

4) The Marxist theory boiled down to the fact that law is the will of the class in power at the moment.

5) The psychological school pointed out that law is the elements of the subjective human psyche, that is, psychological laws.

6) The sociological concept indicated that law is an established order of social relations.

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