Novels and Innovations in law: concept and correlation
// Law and Politics. – 2021. – № 2.
– P. 1-14.
Read the article
Abstract: Correlation between the concepts of “novel” and “innovation” in law is one of the topical problems faced by the modern legal science. Its relevance is substantiated by the fact that the improper use of one or another term in legal science (for example, the term "”innovation” instead of the term “novel” may lead to misperception and complicate the research of these legal phenomena. The goal consists in establishing correlation between the concepts of “novel” and “innovation”, as well as the criteria for their classification based on the analysis of the essence of these two concepts. The subject of this article is such principles of the novels and innovations in the legal system that impact the characteristics of these legal phenomena. In the course of research, it was determined that law incorporates both, novels and innovations, which should not be confused, and correlate with each other as a whole (legal novels) and as a part (legal innovations). The article provides classification of legal novels and legal innovations in accordance to various criteria, namely depending on the type of legal process, form of expression (of novels and innovations in law) and (legal novels and innovations). The latter are distinguished by the fact that they are reflected in the legal norms. At the same time, innovations in the law and legal system imply the fundamentally new and (or) significantly improved processes that take place in the legal system, as well as their results. Novelties, in turn, imply any amendments to the law and the legal system.
Keywords: classification;, patterns of legal regulation, legal concepts, radical beginning;, conservative beginning, legal innovation, legal novels, law, conceptual series, general theory of law
Osipov M.Yu. Sistemy v prave i pravovye protsessy. 3e izdanie M. 2019. 348 s.
Ergasheva Z.E. Obstoyatel'stva, imeyushchie znachenie dlya kvalifikatsii po delam o prestupleniyakh s administrativnoi preyuditsiei //, Rossiiskii sledovatel'. 2018. № 4. S. 62-65.
Gribkov A.V. K voprosu o neostorozhnom souchastii// Sovremennye problemy prava, ekonomiki i upravleniya. 2015. № 1. S. 18-21.
Azgal'dov G.G., Kostin A.V. Innovatsii v netekhnicheskoi sfere – neobkhodimost' i vozmozhnost' // Nauchnoe, ekspertno-analiticheskoe i informatsionnoe obespechenie natsional'nogo strategicheskogo proektirovaniya, innovatsionnogo i tekhnologicheskogo razvitiya Rossii. Tez. dokl. 5-oi Vseross. nauchn.-praktich. konf. 28-29 maya 2009 g. (INION RAN) – Moskva, 2009.
Birrell, K., Matthews, D. Laws for the Anthropocene: Orientations, Encounters, Imaginaries. Law Critique 31, 233–238 (2020). https://doi.org/10.1007/s10978-020-09282-8
Grear, A. Legal Imaginaries and the Anthropocene: ‘Of’ and ‘For’. Law Critique 31, 3