LEGAL THINKING: THEORY AND APPLICATION

Abstract

Law is not only expressed in the sources of law enacted or recognized by the state but also in the combined expressions of legal thinking, legal consciousness and legal culture, which are the legal basis for making decisions of legal significance. Legal thinking as a type of thinking with universality and specificity, considered as a special type of professional thinking that has permeated legal activities and applications in practice, serves as an important mechanism for the formation of the rule of law state. The article will cover the legal thinking and the application of the legal thinking of the legal profession in practice, for example, in legislative activities, the legal thinking of lawmakers is directly related to the quality of legal documents. On the basis of the methodology of Marxism-Leninism, Ho Chi Minh's ideology and the views of the Party and State of Vietnam on the rule of law, traditional legal scientific research methods, as well as the research and selective inheritance of the results of relevant published legal scientific works, the article will focus on in-depth research on legal thinking, theory and application in the legal profession