SHS Web Conf.
Volume 118, 2021RUDN Conference on Legal Theory, Methodology and Regulatory Practice (RUDN LTMRP Conference 2021)
|Number of page(s)||5|
|Section||Modern Legal Science: Search for the Methodological Basis|
|Published online||23 August 2021|
The phenomenon of “abuse of right” in the context of the problems of finding the methodological foundations of modern legal science
Pskov State University, Department of State and Legal Disciplines and Theory of Law, Institute of Law, Economics and Management, Pskov, Russia
* Corresponding author: email@example.com
The purpose of this work is to identify new aspects of the identification of signs of “abuse of right” and to strengthen the ideas about this phenomenon as an independent one, which has not only a negative meaning, but also allows to detect new (non-traditional) directions of effective improvement of the legal space of the country, associated with a certain adjustment of views on the regulatory properties (possibilities) of the legal form of law. The authors provided a comprehensive use of various scientific methods, among which the comparative legal method, formal-logical, dialectical, allowed to obtain new knowledge about the object of research. In the course of the work a non-standard methodological approach to the study of the phenomenon of “abuse of right” was tested, which allowed to identify and present new content elements (characteristics) of this phenomenon. This broadened and deepened the concept, taking a step toward a convincing argument for its independent (broad) meaning. The novelty of the work is due to the contribution to the theory of law, which creates prerequisites for the further conceptual study of the phenomenon of “abuse of right”.
Key words: legal theory / law / democracy / constitutional law
© The Authors, published by EDP Sciences 2021
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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