«The Legal Nature» — a Legal Term or a Falsely Borrowed Word

The paper examines the perspectives of legal scholars regarding the significance and scope of the scientific application of the term «legal nature». This expression has been actively employed by prominent figures in Russian legal scholarship for over a century; however, a consensus regarding its definition remains elusive. The frequency and scope of its use by Russian academics have escalated to the point where some commentators have suggested that it lacks the requisite characteristics of a scientific term. Over the past decade, numerous specialized studies have revealed that «legal nature» is employed in jurisprudence with more than ten distinct meanings. The authors emphasize that the term «nature» lacks a uniform definition not only in jurisprudence but also in philosophy. Each scholar has endeavored to articulate a definition for the scientific concept encapsulated by this phrase. The authors of the study cogently criticize the validity of these attempts, highlighting the detrimental implications of the scientific use of «legal nature» and proposing strategies to mitigate the prevalent trend of employing polysemous terms broadly and this particular phrase specifically.

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Publication Details

Journal
Actual Problems of Russian Law
Published
2025-08-10
DOI
https://doi.org/10.17803/1994-1471.2025.176.7.011-020
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

«The Legal Nature» — a Legal Term or a Falsely Borrowed Word

O. G. Minkova, Nina Shcherbakova, О. А. Любчик
Actual Problems of Russian Law
European and International Law Studies
article

«The Legal Nature» — a Legal Term or a Falsely Borrowed Word

O. G. Minkova, Nina Shcherbakova, О. А. Любчик
article en

Abstract

The paper examines the perspectives of legal scholars regarding the significance and scope of the scientific application of the term «legal nature». This expression has been actively employed by prominent figures in Russian legal scholarship for over a century; however, a consensus regarding its definition remains elusive. The frequency and scope of its use by Russian academics have escalated to the point where some commentators have suggested that it lacks the requisite characteristics of a scientific term. Over the past decade, numerous specialized studies have revealed that «legal nature» is employed in jurisprudence with more than ten distinct meanings. The authors emphasize that the term «nature» lacks a uniform definition not only in jurisprudence but also in philosophy. Each scholar has endeavored to articulate a definition for the scientific concept encapsulated by this phrase. The authors of the study cogently criticize the validity of these attempts, highlighting the detrimental implications of the scientific use of «legal nature» and proposing strategies to mitigate the prevalent trend of employing polysemous terms broadly and this particular phrase specifically.

Actual Problems of Russian LawVol. 20(7)
Bogdan Khmelnitsky Melitopol State Pedagogical University (UA)
Openalex Percentile: Top 76%
European and International Law Studies
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