The Principles of Law. A Dogmatic-Comparative Approach

Abstract

A review of basic problems, connected with the presentations of the principles of law from the perspective of the dogmatic legal sciences, representing all basic legal branches allows to make an argument that the principles are not only the all-systemic structure but also they have both universal and particular features. The particularities are not always connected with divisions of the legal system on the public vs. private law, substantial vs. procedural law or state vs. international law. The specific proprieties deal with the concept of the principle, its normativity and axiological substantial content, distinction from the legal rules, as well as with the factors of “principality” of principles and their typology. That creates the theoretical significance of the category of principle of law, which, however, does not automatically make transmission of theoretical theses to the dogmatic disciplines and vice versa. That significance may built, on the other hand, the stronger conviction on the need of such cooperation, bringing the communicative and research ties within the so-called internal integration of legal sciences.