Types of definitions are ... Concept, classification, examples

The legal definition is a brief explanation of the term. It reflects the qualitative (essential) characteristics of an object or phenomenon. Let us further consider the existing types of definitions.

General classification

The following legal definitions exist:

1. Legislative. They are based on regulatory documents.
2. Arising from court decisions.
3. Doctrinal - offered by any legal school or author.

Legislative definitions are not only instruments of standard-setting technology. The use of such definitions is in most cases a way of establishing independent prescriptions. Their violation can lead to negative consequences for the subject. This fact is of particular importance in criminal proceedings.

Category Goal

Law is considered a rather complex industry. It has its own specifics and subtleties, the study of which must be approached professionally. Regulatory acts containing these or other regulations are addressed not only to specialists, but also to ordinary people. In this regard, in the process of norm-setting, they should be made as accessible as possible to citizens. The use of definitions in normative acts is one of the effective ways to realize this task. They allow you to explain certain terms as briefly and as simple as possible.

Definition: examples

In normative documents you can find such definitions:

1. Deputy - an entity selected from the relevant district to a representative (legislative) state / municipal body on the basis of the exercise by citizens of direct and equal suffrage by secret ballot.
2. Public offer - an offer of goods addressed to an indefinite number of persons in descriptions, catalogs, advertising, if it contains all the relevant conditions of retail sale.
3. Alibi - the stay of the suspect / accused at the time of the commission of the criminal act in another place.
4. Tax - an individually gratuitous compulsory payment that is levied on citizens and legal entities in the form of alienation of monetary amounts belonging to them, to finance the activities of a municipality or state.
5. Relapse offense - commission of an intentional act by an entity having an outstanding conviction for a similar act.

Definition development

This is a rather complicated and laborious process. According to the ancient Romans, any normative definition carries a certain danger. The main task of definitions is to unite in an abstract and general formula all the features of a term or phenomenon. The definition should fill with concrete meaning categories, often taken from ordinary everyday speech. There should be no ambiguity in it. The definition should make clear and credible the explanation and application of a particular provision or group of norms. The task of the compilers in this case is to clarify all the features that fully characterize this concept. In this case, the most appropriate points of view of the authors on a particular phenomenon or event should be taken into account.

Signs

What should be the definition? The concepts that it defines must be made available to a wide range of people. In this regard, the category should:

1. Reflect only significant characteristics of generalized phenomena. Such signs must have legal significance.
2. To be complete. This means that the definition should reflect all aspects of the phenomenon.
3. Be adequate.Its volume should coincide with the concept that it defines.
4. Do not include conflicting judgments.
5. Do not contain terms that are present in the concept that it defines. This is necessary to exclude tautology.

Types

Definitions in law may be:

1. Complete. In this case, they contain the whole complex of significant features.
2. Incomplete. They contain only key characteristics.
3. Definitions-lists. Such definitions belong to the category of the simplest. This leads to their widespread prevalence. At one time, such definitions were considered the only option for characterizing regulatory phenomena. These definitions are applied if there is insufficient experience in the use of the term and the inability to interpret it by indicating significant features. Such definitions are less abstract and more illustrated. Along with this, they have a serious drawback. It is associated with the accuracy and reliability of such definitions.

Some authors offer other classifications. So, for example, the following types of definitions are distinguished:

1. Transfers
2. Containing a synthesis of elements of documents, objects, phenomena.
3. Definitions through comparison.
4. Containing indications of one main characteristic of the phenomenon.
5. Definitions using descriptions of distinguishing features.
6. Reflecting patterns of development of events / phenomena.

What terms are to be defined?

It must be said that in the legal sphere, not all concepts need to be interpreted. In practice, certain criteria are used according to which the selection of events and phenomena to be determined is carried out. These include the terms:

1. Inaccurate.
2. Special.
3. Rare.
4. Complicated.
5. Foreign.
6. Ordinary, with many meanings.
7. Interpreted differently in science and in practice.
8. Used normally in a restrictive or broad sense.
9. Changed, revised.

Standard accommodation

In practice, at some point, the problem arose of where to place the definition. There are several approaches to solving this issue. So, in a number of norms the definition is present at the first mention of the concept. This placement option is convenient if the article or document has a small volume. In this case, the subject studying the act will be able to return to determination without much difficulty when such a need arises. In the Criminal Code, the definition of a crime is given at the beginning of the article, since the norm is dedicated to this definable act:

• Theft - the secret theft of property belonging to another entity (Article 158).
• Murder is the deliberate infliction of death on another person (Article 105).

Another approach involves bringing a series of definitions at the beginning of the norm (in a separate, special article or chapter). This option is used for large documents. They are usually difficult to understand. Currently, this approach is becoming more universal. So, in the Federal Law No. 87, in Art. 1, the definitions are given:

1. Tobacco products - items for smoking, sniffing and chewing, packed in appropriate consumer packaging, including cigarettes with or without filters, cigarillos, cigars, cigarettes, pipe and smoking tobacco, and shag.
2. Resin is a product of combustion. It occurs during smoking and contributes to the occurrence of diseases.
3. Nicotine is a substance present in tobacco.
4. Tobacco smoking is the inhalation of smoke from smoldering tobacco products.

The third option for defining definitions is complex. It involves bringing definitions in the norm several times. In particular, despite the existence of explanations of a term at the beginning of an article (chapter), their interpretation is also present in the text of a normative act. This approach can be used when the document is addressed to a wide audience. In these cases, a reinterpretation of the terms contributes to a better understanding of the rule of law.Another option for placing definitions is pagination. It involves redirecting the reader to an article, paragraph, page where the clarified term is used and interpreted for the first time. Moreover, in the text, the links are usually given in parentheses or a note is used. This approach is used, as a rule, in the preparation of regulations for professional lawyers.