Forms of legal principles

Abstract

The question of the forms of legal principles is new to the theory of law. Being a definitely institutional and formal phenomenon, law requires that special attention be drawn to its form, including the form of the legal principles. The cognitive order of the categories through which the legal principles are examined consists of the following sequence: the term ‘legal principle’, functions of legal principles, forms and types of legal principles. The forms of the legal principles encompass the whole variety of legal principles, while the types of legal principles particularize this variety through couples of principles. The form of a legal principle expresses the way of its existence, the specifics of its effect and application. Depending thereupon, the forms of legal principles are: principles-declarations, principles-rights/obligations and principles-maxims.