THE MAIN PROBLEM OF JURISPRUDENCE IS NOT NIHILISM, BUT FORMALISM
УДК 340.114.5 ББК 67.05
Abstract
In the article, the author gives examples of the dangers of a formal approach when using the institutionof legal responsibility. The author proves that legal formalism in various countries of the world inclinesinvestigators to the probabilistic basis of the accusation. Because legal formalism, from the point of view oflegal values, is meaningless and always fills its void with one thing — political engagement. The doctrine thatrecognizes probable guilt as sufficient for conviction has always served as the basis for political repression inthe history of jurisprudence. That is why legal formalism is not compatible with the regime of legality andrepresents arbitrariness and lawlessness.
Downloads
References
Сорокин В.В. Теория юридической ответственности. М. : Проспект, 2024.
Ларин А.М. Презумпция невиновности. М. : Наука, 1982.
Вопросы защиты по уголовным делам. Л. : ЛГУ, 1967.
Голунский С.А. О вероятности и достоверности в уголовном суде // Проблемы уголовной политики. М., 1937. Кн. IV.
Курылев С.В. О достоверности и вероятности в правосудии // Правоведение. 1968. №7.
Copyright (c) 2024 В.В. Сорокин
This work is licensed under a Creative Commons Attribution 4.0 International License.
Russian-Asian Law Journal is a golden publisher, as we allow self-archiving, but most importantly we are fully transparent about your rights.
Authors may present and discuss their findings ahead of publication: at scientific conferences, on preprint servers, in public databases, and in blogs, wikis, tweets, and other informal communication channels.
Russian-Asian Law Journal allows authors to deposit manuscripts (currently under review or those for intended submission) in non-commercial, pre-print servers such as ArXiv.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
