Általános jogforráselméletek

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Date
2023
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Magyar Jog- és Államtudományi Társaság
Abstract
The main focus of the paper is an attempt to present theories of the source of law, and for this reason I will analyse (1) the concept of "law" and its basic sub-concepts, and in the first part I will summarise the thoughts of some legal theorists on their conceptualisations of "law". Then I point to the different bases of the terminology of custom, tradition and consuetudo. Finally, I will present some of the formulations of legal source theory, since the confusion of terminology that has arisen here is one of the most vexed chapters in legal theory, and I will try to give straightforward distinctions between the various definitions.
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