The Concept and Functions of Legal Doctrine

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Authors: A. M. Mikhailov
Cited by: 0
References: 1

Abstract

The article presents an attempt to characterize the legal doctrine as a special component of the legal system, provides the author's definition of the legal doctrine, highlights its most significant features. The thesis is argued that the legal doctrine carries out the standardization of professional thinking of lawyers, forms the basis of corporate legal consciousness. The author turns to the study of the cultural foundations of the legal doctrine, justifies the position on the substantiation of doctrinal provisions in the type of culture. The work presents a contrasting comparative analysis of the legal doctrine and legal science, allowing to assert that these forms of legal thought are not identical, as they tackle different tasks in jurisprudence. The work analyzes the nature of doctrinal authority, which is associated not only with the quality of legal provisions, but also with the figure of the author, as a result of which the content of the legal doctrine is not free from subjectivity.

Fields of Study & Subjects

Legal Studies and Reforms Comparative and International Law Studies Comparative constitutional jurisprudence studies

Publication details

Journal / source
Courier of Kutafin Moscow State Law University (MSAL)
Issue
11
Pages
76–85
Publication date
30 January 2026