Some Aspects of the Genesis of Evaluation Categories

Abstract

The article is devoted to the study of evaluation categories in historical retrospect. The author draws attention to the formal certainty of legal norms. He emphasizes that the effectiveness of the application of legislation largely depends on the clarity and accuracy of the interpretation of legal norms. At the same time, both in the history of law and in modern conditions, the use of exclusively certain terms in legal regulation does not allow for full regulation of constantly changing social relations. In this regard, the legislator, due to objective necessity, is forced to apply concepts of a more abstract content. The article provides examples of such a method of legal regulation in various sources of law, starting with the norms of Ancient Babylon and Ancient Rome. The author analyzes such concepts as severe punishment, great sin, unfair execution, good faith, reasonable time, etc. The article draws attention to the expansion of this method of legal regulation and its extension from the sphere of private legal regulation to the public sphere. Based on the analysis, conclusions are drawn regarding the role and importance of evaluation categories in the legal system. It is emphasized that historical experience shows that the mechanism of legal regulation will not be effective without the use of evaluation categories.