Технико-юридическая специфика построения правовых актов в XVII в.: преемственность и новации

Abstract

In the domestic legal doctrine, the issues of understanding the process of constructing legal documents of the 17th century, its dialectical connection with factors of social and state development require further study. The study of the evolution of national legal genesis predetermined the author’s appeal to the study of the peculiarities of the technical design of the texts of legal documents on the example of the Cathedral Code. The sources of the set are described, the features of its structuring and linguistic constructs are revealed (the use of future tense verbs, complex syntax, participial and adverbial expressions, verbs of infinitive and imperative moods, vernaculars, dictionary clichés, etc.). It is shown that the code was distinguished by a more developed terminology in comparison with previous sources of law. Analyzed the differentiation of legal material by industry. It is concluded that the XVII century can be considered the culmination of the formation of the original technical and legal tradition. The author shows that as the sphere of state legal regulation and reciprocal European law expands, the process of building legal structures is already taking place «from above», i.e. from doctrine to practice. The study used a dialectical approach, a method of retrospective analysis, a formal legal method, a method of interpreting legal norms, a method of systematization, etc.