Title: Extra-Legal Factors: What They Are and Why We Need to Know About Them
Abstract: Extra-legal factors are studied by the sociology of law, which has already accumulated sufficient information on how these factors operate. At the same time, these variables also have a significant impact on legal practice. In the field of jurisprudence, however, they remain no more than a specific feature of certain legal doctrines. The article describes extra-legal factors as they are currently studied by sociology and legal science, also giving the author’s definition of this phenomenon. In particular, it is proposed that extra-legal factors should include not only those factors that should not influence, but influence legal practice, but also those factors about the influence of which the legislator or legal doctrine mentions, but these factors are not legal norms (for example, “good faith”). The study of extra-legal factors will allow to apply the obtained knowledge in the following areas: automation of legal decision-making; reduction of “noise” in legal decision-making; evaluation of the efficiency of the judge’s activity; measurement of legal consciousness of subjects of legal relations.
Publication Year: 2023
Publication Date: 2023-12-01
Language: en
Type: article
Indexed In: ['crossref']
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