THE CONCEPT OF THE SOURCE OF LAW IN THE WORKS OF FOREIGN LEGAL SCHOLARS

The notion of the “source of law” holds a central place in theory yet lacks a uniform interpretation, fueling debate and hindering coherent legal understanding. The study is relevant due to the development of the rule-of-law state and the growing complexity of the legal system, which require clarifying the term’s content and scope. The article surveys Anglo-Saxon, German, French, Italian, and Scandinavian approaches, showing how historical specificities shape differing understandings and sets of sources. It argues that any system needs established sources to secure the legitimacy and operation of norms. The analysis of foreign concepts of the source of law and their comparison with selected theories of contemporary Russian scholars indicates substantial potential for integrating legal approaches. A synergistic combination of national and international theorizing deepens understanding of the source of law and strengthens the methodological foundations of jurisprudence.

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Publication Details

Journal
Leningrad legal journal
Published
2025-01-01
DOI
https://doi.org/10.35231/18136230_2025_3_47
Primary Topic
Legal Studies and Reforms
Type
article
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article

THE CONCEPT OF THE SOURCE OF LAW IN THE WORKS OF FOREIGN LEGAL SCHOLARS

T.A. Kandyba
Leningrad legal journal
Legal Studies and Reforms
article

THE CONCEPT OF THE SOURCE OF LAW IN THE WORKS OF FOREIGN LEGAL SCHOLARS

T.A. Kandyba
article en

Abstract

The notion of the “source of law” holds a central place in theory yet lacks a uniform interpretation, fueling debate and hindering coherent legal understanding. The study is relevant due to the development of the rule-of-law state and the growing complexity of the legal system, which require clarifying the term’s content and scope. The article surveys Anglo-Saxon, German, French, Italian, and Scandinavian approaches, showing how historical specificities shape differing understandings and sets of sources. It argues that any system needs established sources to secure the legitimacy and operation of norms. The analysis of foreign concepts of the source of law and their comparison with selected theories of contemporary Russian scholars indicates substantial potential for integrating legal approaches. A synergistic combination of national and international theorizing deepens understanding of the source of law and strengthens the methodological foundations of jurisprudence.

Leningrad legal journalVol. 3(81)
Openalex Percentile: Top 68%
Legal Studies and Reforms
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