Legal Techniques and Technology as the Most Important Factors for the Sustainable Development of the Societal Legal System

AuthorA. Malko - M. Kostenko
PositionInstitute of State and Law of the Russian Academy of Sciences (Saratov, Russia) - Southern Federal University (Taganrog, Russia)
Pages132-153
BRICS LAW JOURNAL Volume VI (2019) Issue 2
LEGaL TECHnIQuES anD TECHnoLoGY
aS THE MoST IMPoRTanT FaCToRS FoR THE SuSTaInaBLE DEVELoPMEnT
oF THE SoCIETaL LEGaL SYSTEM
ALEXANDER MALKO,
Institute of State and Law of the Russian Academy of Sciences
(Saratov, Russia)
MARGARITA KOSTENKO,
Southern Federal University (Taganrog, Russia)
DOI: 10.21684/2412-2343-2019-6-2-132-153
Legal techniques were initially developed as a kind of repeater of the legislatorʼs will into
the language of law with the help of special skill in legal design. Historically, the theory
of legal technique was formed in stages with state reforms, social transformations and
active work on systematizing legislation having signicant impact on it. At the present
stage, legal technique resources are legislated in some CIS and European countries,
and the status of legal technique is rmly entrenched in legal theor y and practice in
continental law countries as well as common law. Complications from modern legal
life in society and the need to optimize legal activity drive the search for new ways to
improve the legal technology eld. The uniqueness of legal technology is that it links
all types of legal activity into a single production process, standardizes its potentially
separate segments and introduces sound stability into legal processes. This makes it
possible to improve eectiveness indicators for consolidating legislative priorities and
implementing them in practice, in order to ensure the national interests of the state.
Combining the potential of legal technology and legal technique provides legal activity
a systematic and constructive validity for legal transformations, hinders the expansion
of legal errors, optimizes the stages of legislative activity, systematizes the actions and
operations that are being implemented, and ultimately ensures high indicators for legal
development and the achievement of the stateʼs constructive tasks.
Keywords: legal technique; legal technology; theory of sustainable development; legal
policy; legal security.
ALEXANDER MALKO, MARGARITA KOSTENKO 133
Recommended citation: Alexander Malko & Margarita Kostenko, Legal Techniques
and Technology as the Most Important Factors for the Sustainable Development of the
Societal Legal System, 6(2) BRICS Law Journal 132–153 (2019).
Introduction:
Evolution of the Legal Technique Doctrine
Traditionally the instrumental nature of the law is associated with legal technique.
It is a special art of communication within the legal eld and includes a system of
resources used to prepare legal acts (other legal documents) and other types of
legal activities that ensure the perfection of form and content. At the same time,
legal technique has largely evolved empirically, which has provided high reliability
for its theoretical foundations. Legal technique is rmly rooted as a fairly distinctive
category, reecting the historical conditions in which the legal system of a particular
state develops while at the same time having international components.
Legal technique appeared even at the birth of the law itself, although, according
to the German scientist Rudolf von Jhering, scientic views on legal technique began
to appear much later. At the same time, the philosophical foundations of legal
technique were laid by the ancient philosophers Socrates, Plato, Aristotle and Cicero;
they drew attention to the importance of observing certain rules, which aected
the development of legal technique. The ancient Roman lawyers, participating in
lawmaking and law enforcement, had already called for brevity of exposition and
in fact sought to implement this rule of legal technique. Its tools began to emerge
during this period. However, the transition to a systematic study of legal technique,
the development of its theoretical positions and the formulation of a doctrine of
legal technique occurred much later, which is a quite natural process.
The evolution of the legal technique doctrine is characterized by distinct stages,
based not only on the spasmodic movement to scientific results, but also on
reformatory resources, the scientic interest in which has signicantly intensied
during periods of social transformation and state reforms. The early stages of the legal
technique theory are associated with the British scientist and politician Francis Bacon.
A lot of researchers consider Francis Bacon to be the father of the legal technique
doctrine, which is consistent with the scientic paradigm followed by the scholar. The
meaning of all his scientic work he saw in the revival of science, which should be
ahead of practice and noted that “science aims to enrich human life with real events,
i.e. the new means.1 Legal technique is precisely such a eld of science, thanks to
which legal life is enriched by practical methods for improving the law.
1 Бэкон Ф. Новый органон, или Истинные указания для истолкования природы [Francis Bacon, The
New Organon, or True Directions Concerning the Interpretation of Nature] (Nov. 7, 2018), available at http://
modernlib.ru/books/bekon_frensis/velikoe_vosstanovlenie_nauk_noviy_organon/.

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