Summary

This article is based on an academic lecture delivered on the University of Tartu Tallinn Day on 4 December 1997.
The article addresses issues which are widely discussed among Estonian lawyers, such as proposals to adopt rules of common law, incorporation of other national laws in the Estonian law, abuse of the Estonian language in legislation, inadequate involvement of experts and the public in the legislative drafting process, and other significant legal matters, from the perspective of legal philosophy. The author stresses that the first prerequisite for drafting a good Act is the legislator’s in-depth knowledge of the sphere of life to be regulated by the Act. Second, such knowledge should be transformed into the language of law. Third, it is necessary to find an appropriate place for the Act in the system of legislation. Analysing issues pertaining to the jurisprudence of value, the author finds that there is no difference between how the law and generally recognised values are observed: a just decision should be reached by interpretation of the rules of law and consideration of recognised values.