Static and Dynamic Aspects of the Theory of Legal Normativity: Practices and Analysis of Studying Thereof in the Western Juridical Science

Introduction. The static and dynamic aspects of the theory of legal normativity are almost unstudied in the native juridical science, whereas without studying the essence of the legal norms in general and the legal theory in particular, the analysis thereof can hardly be called complete. At the same time, due to the legal scholars addressing this topic, the development of the modern Western jurisprudence has been greatly fostered. The significance of the above aspects of normativity can hardly be overestimated both for juridical theory and for law enforcement practices, especially if borne in mind that practical application of these aspects is carried out by the empirical norm-setters. The aim of the present article is to study the static and dynamic aspects of the theory of legal normativity based on the practices and analysis of their coverage in the Western juridical science.

Materials and Methods. The works of the Western theoreticians and philosophers of law who study the problems of normativity, as well as its static and dynamic aspects have been analysed in the article. The social relations subject to the regulation in the static and dynamic aspects of the theory of legal normativity have become the objects of the study. The research was carried out based on the following methods of scientific cognition: dialectical, analytical methods, as well as the methods of analysis, synthesis, induction and deduction.

Results. The static and dynamic aspects of the theory of legal normativity were characterised. The notion of a legal norm unit was analysed. The relationships and hierarchy of the norms within a legal norm unit were determined.

Discussion and Conclusion. The results of the present research have the potential of practical application in the field of law enforcement, because law enforcement is based on the normativity. The theoretical and practical conclusions made by the authors can become a basis for further scientific research in the field of philosophy and legal theory.

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