Abstract
The paper considers a controversial issue of the relationship between the concepts and legal phenomena “legal protection” and “legal defense”. The author puts forward and substantiates a hypothesis on the differentiation of the concepts of “legal protection” and “legal defense” based on teleological purposes. Moreover, the author draws attention to the chronological differences in the impact of legal protection and legal defense. The methodology of scientific research includes the dialectical method, as well as general scientific logical operations (deduction and induction, analysis and synthesis) and special scientific methods (formal legal and comparative legal methods). The author studies various epistemological approaches to differentiate concepts and phenomena (study of structure, study of functional purpose, study of instrumental purpose), by the construction of conceptual series. As a result of the research, the author confirms this hypothesis, taking into account the basis of the developed conceptual series.
Highlights
In the theory of law, the issue of understanding “legal protection”, its relationship with the concept of “legal defense” at the present stage of development of scientific knowledge remains controversial
This paper presents a system of approaches to the study of the concepts of legal protection and legal defense
The method of the construction of conceptual series is used in order to study individual aspects of legal phenomena
Summary
In the theory of law, the issue of understanding “legal protection”, its relationship with the concept of “legal defense” at the present stage of development of scientific knowledge remains controversial. N.G. Aleksandrov raised the issue of protective relations, suggesting the division of legal norms and legal relations into regulatory and protective [2]. The beginning of theoretical developments regarding legal protection, in the modern sense, was laid by S.S. Alekseev. Studying the functional purpose of law, S.S. Alekseev singled out regulatory and protective functions among the special legal functions of law
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