In any modern state today there is only one regulator of social relations, which is universal. Almost everyone knows his name. This is nothing but law. Nevertheless, this regulator did not always exist. Like many things in this world, it was invented and developed by human forces. Before the advent of law, public relations were tried to be regulated by various methods, for example, by violence or religion. However, each of them did not bring the desired result. Since violence acts only in the hands of a strong leader, and religion extends its influence only to believers. In this case, law wins in both cases, because it comes from the state.
This regulator must be obeyed, otherwise you can, roughly speaking, lose your “place under the sun”. But in itself, law needs a form of implementation. That is the law today. There is a great deal of controversy in the scientific world regarding the correlation and hierarchical subordination of these categories. Scientists cannot agree on the significance of law as the main regulator of social relations and the law — its form of expression. Therefore, in this article we will try to find out how these categories relate to each other.
Law: concept
Many people very often do not understand how the relationship between law and law occurs. TGP (theory of state and law) is a science that is largely based on the study of this issue. To understand it, you need to find out what significance both categories have separately. In the "classical" understanding, law is the main form of regulation of social relations, which is built on the rules of behavior. They, in turn, have a characteristic specificity, which is based on certain signs, which will be discussed later in the article. In a simplified sense, law is a set of regulatory rules that have an external manifestation.
Legal Attributes
The presented category has been created for more than one hundred years. Therefore, today we can distinguish the most characteristic signs for it. It should be noted that in any country they will be unchanged, because law is a universal regulator used not by a separate ethnic group, but by all mankind. Thus, the following symptoms exist, for example:
- Legal normativeness, that is, rules of conduct are developed for everyone.
- The obligatory sign shows that the norms of behavior should be followed by all, without exception.
- The state, in turn, guarantees the execution and exercise of law, which allows us to talk about the guarantee of this totality of the norm.
- The intellectual-volitional nature indicates that law expresses, first of all, the will and consciousness of mankind.
- Formality of the definition shows the official expression of the presented category.
- Law is a structure, as evidenced by the principle of systematicity.
Category Functions
To understand the relationship between law and law, it is also necessary to understand the social purpose of these categories. This indicator is expressed in industry functions. In theory, scientists distinguish the following types, for example:
- economic;
- political;
- educational;
- protective;
It should be noted that the functions presented may be supplemented depending on the industry in which the legal regulation of specific public relations is carried out.
Sources of law
The correlation of law and law is considered in legal science quite often. But today a maximally general concept has appeared on this issue, which will be discussed later. I would like to recall that there is such a thing as sources of law. What does it mean? In a science such as TGP, the term “sources” refers to the form of expression of objective law, that is, independent of the will of the individual. In this case, the following most common sources are distinguished, namely:
- Regulatory contract - a party to which the state as a whole or a part of it is always. As a result of such agreements, generally binding norms arise.
- Legal practice in many legal systems "lives" on a par with legalized norms. However, to be recognized as its source, a special recognition procedure must be implemented. Only after it does custom take legal force of a legal source.
- Judicial precedent is far from recognized in all states as a source of law. It is typical mainly for the countries of the Anglo-Saxon legal family. Judicial precedent is a decision of the court on a specific issue and becomes mandatory for similar cases.
In some states, the legal doctrine, scientific work, is also recognized as a source. But in this case, a similar rule applies, as in the issue of legal custom. Only after carrying out a special procedure for authorization by the state, doctrine becomes a source of law.
Law (normative act) as a source
In any country, one of the main sources is a normative act. Therefore, a lot of incomprehensible situations arise about how the relationship between law and law or any other normative act occurs. The officiality and the special procedure for adopting the law make it one of the main sources, especially given the supreme legal force of this document after the Constitution.
The concept of law as a separate category
Before considering the law and the law, the problems of correlation of these categories and other forms of their interaction, it is necessary to understand what constitutes the law as a separate category. In fact, this is the same normative act as everyone else. For example, it is published in official form, has a regulation, a special adoption procedure, only one body can implement this procedure - the legislative, that is, the parliament.
On the other hand, the most important norms after the constitution are included in the law. The entire by-laws base is built precisely on its provisions. For example, the correlation of criminal law and criminal law is built on the Criminal Code of the Russian Federation (Criminal Code), which includes the main provisions of this industry. All other normative acts can be issued only on its basis. At the same time, the provisions of these legislative acts cannot contradict the provisions of the official parliamentary act. However, in legal science there is the most general concept of this category. It says that the law is a “hard” set of certain rules that govern relations in society. In turn, this code is a direct manifestation of law and its individual rules.
Law and other regulations
The role of law in any state is adjacent to the legal one. In other words, the official expression of law coordinates various social relations. The provisions included in the law are binding and legally binding. But far from all the provisions can be fully implemented without appropriate explanations from the official state bodies. In a large number of cases, all kinds of instructions, explanations, etc. are needed. For this, a regulatory by-law base is created.
Therefore, in some cases, the correlation of law and law does not always imply an analysis of normative acts of higher legal force. It is quite possible to analyze this issue on the basis of only a by-law base.
Correlation of law and law.Legal law
The legal relationship of law and law in legal theory has been considered for a very long time. Many concepts were created precisely on the basis of this issue. To date, scholars have identified “broad” and “narrow” approaches to considering the relationship between law and law. As for the first point of view, its adherents are convinced that law is a separate category, which, in turn, cannot exist without the law. They are convinced that the law in the "classical" form is not able to resolve absolutely all relations existing within society.
Therefore, many additional “regulatory” rules are developed in the course of legal practice. In addition, the psychology of people is of great importance. After all, they are the direct creators of various structures. Thus, if a person does not psychologically recognize the “authority” of any regulator, then the law initially has no power. Therefore, an official law comes to his aid, which is supported by state dictatorship.
The "narrow" point of view in this case is simpler. Her adherents look at the relationship between law and law briefly. They believe that the categories presented are completely identical. That is, the right, in fact, “lives” in the law, which, in turn, is only its official manifestation. In this case, any normative act acquires the role of a “carrier” of state-sanctioned norms.
The ratio of the rule of law and law
A good example of the correlation of the categories presented in the article can be seen in the legislative acts themselves, if we analyze their individual provisions. In many cases, specific legal norms are embodied in the articles of the NLA. Nevertheless, this process is not always carried out according to a single scheme “norm - article of law”. Very often, the provisions of one or another generally binding rule are not fully embodied in a part of the legislative act or require additional use of the provisions of completely different regulatory acts. Given this, we can talk about the existence of rules according to which there is a correlation of the rule of law and the article of the law.
Types of correlation of articles and norms
In many normative acts, articles of the law directly convey a particular rule of law. But this can be seen by no means in all laws and other legal acts, as was mentioned earlier. There are the following main ways of presenting a rule of law in articles of legislative acts, namely:
- A direct statement implies a full ratio of the norm and the article of the law. This is most common.
- An abstract exposition is the “entry” of a rule of law into an article of law on the basis of the most general, generic characteristics. That is, an additional interpretation of the norm is required, otherwise its provisions are not entirely clear.
- The casual way of presentation is found when listing rights and obligations. That is, specifics are used: "this is possible, but this is impossible."
- A reference statement implies that the article contains only part of a legal norm. Moreover, the same article contains a reference to a different provision of the same regulatory act.
- A blanket presentation method is a case when a norm is partially mentioned in an article, but its main provisions are contained in another normative act.
Conclusion
So, in the article, the author examined law and law, their concept and relationship. This issue is still relevant for many scientists. In addition, a large number of ordinary students analyze tons of documents if they require a term course “Correlation of Law and Law”. The popularity of this subject indicates its importance for jurisprudence in general and the degree of effectiveness of the demand for law in human life.
