Abstract
The purpose of the work is to present the conditions in which legal understanding the doctrine of the development of law contra legem is possible. The doctrine of the development of law contra legem has the possibility of application in the context of legal relativism, when any type of legal understanding is not absolutized. The doctrine of natural law creates fertile ground for the development of law contrary to the law, and strict legalism excludes any manifestation of the development of law contrary to the law by a judge. The doctrine of the development of law contra legem is considered from the point of view of exclusive and inclusive legal positivism. It is concluded that exclusive legal positivism considers it possible in certain situations that law can develop contrary to the law. In the conditions of post-Soviet traditions, a positivist judge, even if he actually acts contrary to the law, will use the wording “interpretation correcting the law” or “reasonable exception to the law” in order to mask this phenomenon. The doctrine of the development of law contra legem is understood in relative and absolute terms.
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