Suchergebnisse

The current article attempts to denote the relationship between the regulatory purpose of politics and law, which form coherent power as a dialectical unity of political power interested in the legal legitimation of its status and legal power, appealing to the power represented by the state, on the one hand, and their denial of each other as the embodiment of the paradigms of efficiency (politics) and legitimation (law), on the other hand. To meet that aim, general scientific (dialectical, comparative, historical-genetic, structural-functional), and also specific scientific (specific-sociological, formal-logical, historical-legal, comparative jurisprudence) methods are taken into consideration. Given the results of the study, the efficiency paradigm is determined by the factor of result, and the legitimation paradigm is determined by the factor of process. The interaction of these paradigms gives rise to an antinomic contradiction, which is an attributive characteristic of the political and legal regulation of social processes.

The authors study the features of the of legal language use in the conditions of socio-political transformations. The use of various legal terms in the revolutionary periods of the formation of the Russian state and law from the beginning to the end of the twentieth century is analyzed. It is noted that a whole layer of terms reflecting new realities appeared in the legal language after the October Revolution; this fact allowed legal drafters to use them as a political tool, to formulate legal norms in such a way that they fit into the overall political agenda. In turn, the collapse of the Soviet Union also led to a radical change in social and political relations, the total destruction of the established legal system. Significant changes occurred in the legal language. The authors make the conclusion that the legal language is a kind of a conductor of political will and in some case the tool for manipulating the content of legal norms. Legal language is an indicator of social and political transformations. Emerging new words reflect the emerging social relations, demonstrate a new political course, chosen in one or another period of state development.