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HARRY POTTER. GAPS IN THE LAW. DISCUSSION
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| Teacher | Date: Tuesday, 18.11.2025, 12:58 | Message # 1 |
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Group: Administrators
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| Gaps in the law
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| ulanamanager | Date: Tuesday, 18.11.2025, 13:09 | Message # 2 |
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| The legal system, like a living organism, is constantly evolving, responding to rapid changes in society, the economy, and technology. However, no matter how sophisticated legislative bodies may be, they are unable to anticipate the full diversity of real-life situations. As a result, so-called "blind spots" arise—situations where a specific social relationship requires legal regulation, but current norms do not cover it.
The relevance of this problem is greater than ever today. We are faced with challenges that seemed unimaginable only yesterday: the regulation of artificial intelligence and the legal status of digital assets. Legislators often fail to keep pace with technological progress, and it is at this point that the question comes to the fore: how to act when the law is silent?
Is this gap the result of legislative negligence, or is it an inevitable attribute of any dynamic legal system?
How effective are such classic tools as analogy of law and analogy of law? What is the role of legal principles and customs in filling a legal vacuum? Where is the fine line between lawmaking and law enforcement? How should judicial practice, while filling gaps, not replace the legislature, preserving the principle of separation of powers?
Let's work together to find answers to the question of how to ensure justice and legality where the letter of the law has not yet appeared.
I welcome your comments and questions! The discussion is now open!
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| dosiadikeres | Date: Tuesday, 18.11.2025, 13:21 | Message # 3 |
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| The line between lawmaking and law enforcement runs along the line of creating new norms versus applying existing ones.
• Law enforcement: the application of existing laws to specific life situations. The law enforcement agency (judge, official) does not create law, but merely implements it.
• Lawmaking: the process of creating, amending, or repealing legal norms themselves. This is the responsibility of legislative bodies.
Filling gaps (analogy, principles, customs) is at the intersection, but is inherently closer to law enforcement. Using these tools, the law enforcement agency does not create a new norm "from scratch," but extends the application of existing law or its general ideas to a new situation. However, this line can be very fine, especially when it comes to judicial precedent (although in the Russian system, it is not a formal source of law) or judicial rulemaking in individual cases.
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