The Semantics of the Evaluative Concept in the Paradigm of Private Law

The article discusses issues related to the substantive component of the evaluative concepts of private law (primarily hereditary and family law). The purpose of the work is to consider the issue of the semantics of evaluative concepts from the point of view of doctrine and law enforcement. Objectives of the article: 1) consideration of the question of what are the rules for classifying certain concepts as evaluative; 2) analysis of what falls within the framework of this concept (generally accepted semantics of legal language or something else); 3) research of the phenomenon of evaluative concepts and through the prism of dialectics; 4) consideration of the specifics of the presentation of the norms of law containing evaluative concepts. Research methods: dialectical, analysis, synthesis, formal legal. The qualifying criteria of evaluative concepts are their collective nature, relative certainty, and connection with discretion and law enforcement. A distinctive feature of some evaluative concepts of inheritance and family law is their close connection with other social regulators. Individual evaluative concepts can be attributed to the number of pragmems.

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Publication Details

Journal
Rossijskoe pravosudie
Published
2025-05-26
DOI
https://doi.org/10.37399/issn2072-909x.2025.6.62-71
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

The Semantics of the Evaluative Concept in the Paradigm of Private Law

Alexander V. Fioshin
Rossijskoe pravosudie
Corporate Governance and Law
article

The Semantics of the Evaluative Concept in the Paradigm of Private Law

Alexander V. Fioshin
article en

Abstract

The article discusses issues related to the substantive component of the evaluative concepts of private law (primarily hereditary and family law). The purpose of the work is to consider the issue of the semantics of evaluative concepts from the point of view of doctrine and law enforcement. Objectives of the article: 1) consideration of the question of what are the rules for classifying certain concepts as evaluative; 2) analysis of what falls within the framework of this concept (generally accepted semantics of legal language or something else); 3) research of the phenomenon of evaluative concepts and through the prism of dialectics; 4) consideration of the specifics of the presentation of the norms of law containing evaluative concepts. Research methods: dialectical, analysis, synthesis, formal legal. The qualifying criteria of evaluative concepts are their collective nature, relative certainty, and connection with discretion and law enforcement. A distinctive feature of some evaluative concepts of inheritance and family law is their close connection with other social regulators. Individual evaluative concepts can be attributed to the number of pragmems.

Rossijskoe pravosudie(6)
Openalex Percentile: Top 78%
Corporate Governance and Law
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