![handle is hein.journals/permujds48 and id is 1 raw text is:
PERM UNIVERSITY HERALD. JURIDICAL SCIENCES
2020 BECTHhIK IIEPMCKOFO YHhIBEPCHTETA. IOPHAH-ECKHE HAYKH Issue 48
I. THEORY OF STATE AND LAW
Information for citation:
Kozhokar I P. Effektivnost'prava v kategorial'nom apparate teorii prava [Efficiency of Law in the Termino-
logical Apparatus of the Theory of Law]. Vestnik Permskogo universiteta. Juridicheskie nauki - Perm University
Herald. Juridical Sciences. 2020. Issue 48. Pp. 196-225. (In Russ.). DOI: 10.17072/1995-4190-2020-48-196-225.
UDC 34-44.3
DOI: 10.17072/1995-4190-2020-48-196-225
EFFICIENCY OF LAW IN THE TERMINOLOGICAL APPARATUS
OF THE THEORY OF LAW
I. P. Kozhokar
Russian Academy of Sciences
10, Znamenka st., Moscow, 119019, Russia
ORCID: 0000-0002-5186-5413
ReseacherID: S-4500-2018
Articles in the databases 'Scopus'/'Web of Science':
DOI: 10.17072/1995-4190-2018-42-558-586
E-mail: 89272234877@mail.ru
Received 10.01.2020
Introduction: the term 'efficiency' is one of the most popular in juridical literature, it is
applied to law, legislation, legal regulation, legal norms, law enforcement, functions and func-
tioning of law, and to many other legal phenomena. However, the use of this concept in legal
theory and branch-specific studies is usually not restrained by any methodological framework,
which results in an impression of its uncontrolled application, when any theoretical and metho-
dological value of this phenomenon vanishes. The fact that lawyers employ the meanings of this
term from related sciences, especially economics, and the direct application of the general
scientific philosophical understanding of efficiency create great difficulties for legal under-
standing of the concept. The terminological apparatus of the theory of law is constantly broa-
dened with new terms and concepts that are close to efficiency of law and need to be understood
in terms of the relation hereto, while the study of legal efficiency, which a priori should be as
up-to-date as possible, still adheres to the theoretical basis developed in the 70-80s of the last
century. Purpose: to clarify the place of law efficiency in the terminological apparatus of the
theory of law through determining its autonomy and relationship with other related legal cate-
gories. Method: the dialectical method of cognition was used as the main method, which al-
lowed us to consider the development of the legal phenomenon under study from the historical
perspective, within different types of understanding of law, and in dynamics of development;
there were also used general scientific methods (analysis, synthesis, deduction, induction, com-
parison, analogy) and specific scientific methods (historical-legal, juridical-dogmatic, legal
modeling, and legal interpretation methods). Results: the paper demonstrates the dependence of
the law efficiency concept on the types of understanding of law. The specific legal understand-
196
© Kozhokar I. P., 2020](ViewImageLocal?handle=hein.journals/permujds48&div=1&collection=&method=preview&ext=.png&size=3)
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