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The Relation between the Legal Theory and Other Legal Disciplines

Publication at Faculty of Mathematics and Physics |
2011

Abstract

The article analyzes the relation between the legal theory and other legal disciplines. The introduction of the article is devoted to the brief description of approaches that deny or marginalize utility of the legal theory and compare it to the position according to which the legal theory is superior to other legal branches.

This superiority is derived from the fact that while the legal theory deals with the legal substance of law, it means all what is general, necessary, unchanging and invisible, other legal disciplines such as for example the constitutional, civil or criminal law examine only external, visible forms, which reflect the substance of law in the outside world.