Correlation of Legal Presumption and Legal Norm

Authors

  • Gevorg Virabyan Yerevan State University

DOI:

https://doi.org/10.46991/BYSU:C/2021.12.1.070

Keywords:

legal presumption, legal norm, instrumental theory of law, legal measure, rule of conduct, civil legal norm, regulatory prescription, civil legal presumption, legal fact, auxiliary legal measure, legal system, subjective rights and obligations

Abstract

 In legal doctrine, the problem of the correlation between a legal presumption and a legal norm is by no means new. The subject of scientific debate, formed by two points of view, is whether a legal presumption is a legal norm or not. In particular, one group of scientists is inclined to equate a legal presumption with a legal norm, while another group tries to deny the identification of the latter. In other words, jurists cannot develop a unified approach to this problem, which, naturally, prevents the development of the concept of a general theory of integration of sectoral approaches to legal presumptions.

Regarding the problem under discussion the author adheres to an approach that does not identify a legal presumption with a legal norm. Therefore, in order to develop the concept of a general theory of integrating sectoral approaches to legal presumptions within the framework of this article, the author first turned to the existing approaches on the correlation between a legal presumption and a legal norm, the advantages and disadvantages of the latter, and then tried to solve this problem within the framework of the instrumental theory of law; (1) a general description of a legal norm as a legal measure was presented, listing the differences between a legal norm and a legal presumption, (2) the correlation between a legal norm and a legal presumption as an auxiliary legal measure was discussed.

 

Author Biography

Gevorg Virabyan, Yerevan State University

PHD student at Chair of Theory and History of State and Law

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Published

2021-05-10

How to Cite

Virabyan Գ. (2021). Correlation of Legal Presumption and Legal Norm . Bulletin of Yerevan University C: Jurisprudence, 12(1 (34), 70–82. https://doi.org/10.46991/BYSU:C/2021.12.1.070

Issue

Section

Theory of State and Law