Functional approach to the design of norms of Civil and Entrepreneurial Law

Abstract

This article examines the regulatory nature of the norm of law. Based on a functional approach to the construction of legal norms, it is proposed to describe the norm as a function in which the legal consequences embodied in dispositions or sanctions are dependent on certain circumstances whose properties are reflected in the hypothesis. In particular, the functional dependence of the legal consequences on certain circumstances is shown by the example of doctrinal approaches to determining the amount of compensation for moral damage by the formula. The author substantiates that the valuation concepts inherent in modern law can be used to describe functional dependencies as coefficients that are estimated by the law enforcement within the given ranges of values. It seems that a functional approach to the construction of legal norms will significantly affect law enforcement practice. Formulas of functional dependencies can form the basis of computer programs, which will automatically determine for the law enforcer the totality of relevant variables to be evaluated, as well as the totality of legal consequences depending on the specific circumstances of the case.