Applying the Legal Norm and the Problem of Its Methods / სამართლის ნორმაშეფარდებისა და მისი მეთოდების პრობლემა

Guram Nachkebia

Abstract


In the current article the problems of applying legal norm and its methodology are discussed. It is proved that the legal norm enters the legal order in the form of the legal relations. The subject of law is obliged to act lawfully and shall address this obligation with due responsibility. Unfortunately, the subject of law often breaches the obligation to act lawfully and does not treat this obligation with due responsibility, that is culpably. For this reason the problem arises: the court conforms that legal norm to the offender which the subject of law have not fulfilled voluntarily. There exist several methods for applying the legal norm: deduction that is moving from the general to concrete, induction, i.e. concluding from concrete towards general; reduction – that is deriving from outcome towards the basis, when the court makes a retroactive conclusion from the composition of omitted act, that means the subject of law could act lawfully and taken responsibility for the obligation, therefore he/she acted unlawfully and culpably.


Keywords


Action;Judge; Norm;

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