Вестник Кемеровского государственного университета (Feb 2015)
SCIENTIFIC LEGAL TERMINOLOGY IN FORMAL AND INFORMAL INTERPRETATIONS OF LAW
Abstract
The paper deals with the regularities of scientific interpretation of legal terms. To realize this purpose, we compared the scientific definitions of the two legal terms: “presumption of innocence” and “authentic interpretation of the law”. On the one hand, scientific studies, reflect the searching, epistemological content associated with the informal interpretation of law, and, on the other hand, dictionaries reflect the normative content associated with the formal interpretation of law. The paper shows that the terms in research papers and monographs operate according to the laws of scientific communication, among which due to the impact of the inevitable scientific pluralism. Scientific interpretation of the phenomena designated by such terms as “presumption of innocence” and “authentic interpretation of the law” in the dictionary comes from the foundations, giving impetus to centripetal tendencies, and in the monographs – to centrifugal ones. In the field of scientific interpretation of the phenomena there is an outstanding resistant part having a tendency to become normative.