jogszintézis

Jogszintézis is a term that refers to the process of synthesizing or creating legal norms. This involves drawing upon various sources of law, such as statutes, judicial precedents, legal scholarly writings, and even general principles of law, to arrive at a coherent and applicable legal rule. It is a fundamental aspect of legal reasoning and is employed by judges, legal scholars, and legislators.

The process of jogszintézis is not merely a mechanical application of existing rules. It often requires interpretation, abstraction, and the creation of new rules or the modification of existing ones to address novel situations or fill perceived gaps in the law. For instance, a judge may need to synthesize principles from different cases to decide a case that does not have a direct precedent. Legal scholars contribute to jogszintézis by analyzing existing law, identifying inconsistencies, and proposing new legal frameworks. Legislators engage in jogszintézis when drafting new laws, considering the interplay of various legal provisions and societal needs.

Different legal systems may approach jogszintézis with varying emphases. Civil law systems, for example, tend to place a greater reliance on codified statutes, while common law systems give significant weight to judicial decisions. However, in both traditions, the overarching goal of jogszintézis is to ensure the law is comprehensive, consistent, and capable of effectively regulating social relations. It is a dynamic process that reflects the evolution of society and its legal needs.