Concept and essence of law
Basic principles of law
Rule of law
Signs of the right
"Lawyers are still looking for a definition of law,” Kant wrote about 200 years ago, summarizing more than two thousand years of understanding the nature of this phenomenon. His words are still valid today, as there is still no universally recognized definition of law. Moreover, according to the Russian scientist L. I. Spiridonov, it is unlikely that this problem can be solved at all with the help of formal logical means, which can only be used to develop traditional definitions.
Meanwhile, in legal science, there are different interpretations of law (normative, sociological, ethical, etc.), each of which has its own justification. From the point of view of the problem of the correlation between law and law, we should first of all focus on two main trends of legal understanding that have developed in the history of law.
In modern legal theory, the first concept is known as the positivist concept of State and law.
Another trend of law originated and developed on the basis of the developed by the Romans of the concepts of justice, natural way of thinking, of justice, on the recognition of reciprocity powers of the parties, which “balance” each other by rights and duties: for the right of every is his interest that can be satisfied through obligations of the other party.
Of course, in the sphere of law, as well as in other areas of state or public life, no one can establish the ultimate truth, and with it the criteria for the correctness of approaches to the study and definition of the concept of certain phenomena, not excluding the law itself.
Only practice, admittedly, can serve as a criterion of truth. However, it will take some time for the practice to “say” its word and for an acquittal or guilty “verdict” to be issued to a particular definition of the concept of law. Only on the basis of the accumulated experience will it be possible to speak with confidence about the advantages or disadvantages of a particular approach to the study of law and its definition.
In the current circumstances, the most effective, and therefore the most acceptable way or means of overcoming the negative consequences of the multiplicity and inconsistency of definitions and approaches to the law, is to identify and consider its most important features and features inherent in different types of law.
What specific signs and traits are we talking about? About many. But first of all, about those that allow us to distinguish rights as a regulator of public relations among other, non-legal regulatory means.
1. The concept and essence of law.
Law, like the State, is one of the most complex social phenomena. In everyday life, people understand the law as generally binding rules of conduct established and sanctioned by the state in the form of laws, decrees, etc.
Law - in its simplest definition-is a system of regulation of public relations, the purpose of which is to establish a regime of law and order. However, this definition does not completely exhaust all the ambiguity of this legal phenomenon.
Law is not limited to formal characteristics, although in a specifically legal sense, law is defined by these characteristics; these are legal texts formulated by the authorities and containing legal norms.
The law has deep roots in the culture, both world and national spiritual history of the people.
Law has natural connections with such institutions as humanism, human rights, social justice, which are the objects of scientific and socio-political discussions. Therefore, the idea of the law of its essence, value, methods of implementation can be both general and specific-historical; these legal relations are set by the direction and meaning of each stage of society's life.
The law is a state regulator. It regulates the relations between people with the will of society accordingly embodied. Therefore, unlike other social regulators, the law of a given society can only be one, it is one and the same as the state. Law is the only normative law, the regulatory impact of which, on relations between people, entails certain legal consequences for their participants.
Law is a system of generally binding, formally defined norms that express the state will of society, conditioned by economic, spiritual and other conditions of life, its universal and class character; are issued and sanctioned by the state in certain forms and are protected from violations, along with measures of education and coercion; are the regulator of public relations.
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