The structure of the theory of state and law requires a special approach. Starting to study it, you must be aware of the complexity of this issue. Law is presented in the form of a class-political phenomenon. It refers to the subjective sphere of life. Further, the article will describe the structure of the theory of state and law.
General information
The structure of state and law refers to the "superstructure". Its existence is determined by a specific economic foundation. In its formation and subsequent functioning, the structure of common law depends on the will of the people. At the same time, there is an inseparable connection with the main component of the "add-in." The state acts as it. The whole system is included in the composition of more extensive formations. This, in particular, is a system of political relations and social regulation. At the same time, it is necessary to take into account the specifics of different national legal spheres, the level of their development, and some detachment from the regulatory mechanism. Equally important in the study of the question posed is the belonging of different systems to one or another structural community.
Main features
The concept and structure of law provide for the presence of certain features that distinguish this entire system from others. In particular, the main features include:
- Belonging to a special category of system objects. The structure of law combines the features of organic and inorganic systems. Their manifestation depends on the level of development of power, features associated with the codification of existing legislation. In this plane of consideration, the structure of law has some features of a logical system.
- Social functionality. The development, appearance and existence of law is subject to class objectives. In accordance with this, the system and its subdivisions are characterized by some specific functions.
- Stability and dynamism, the presence of self-regulatory mechanisms.
- Connection with justice. The system is social. However, its functioning and existence are associated with the individual legal activities of specific competent authorities.
- Multi-level.
Characteristic
The structure of law is hierarchical. It is distinguished by the presence of many levels. The law acts as a normative entity, and its structure as its technical and special legal content. This system is one in essence. However, in each country, it is distinguished by its internal division into relatively autonomous, but at the same time interconnected parts - elements of the structure of law. To them, in particular, include institutions, directions, units, regulations. At the expense of them, in turn, groups, associations, associations are formed. In addition, components can also occur in secondary systems. Along with this, the structure of law also contains deep-seated components. They are principles, prohibitions, permissions. These components directly link the content of law with its ideological, political and economic foundations. The multi-level system acts as an indicator of the degree of its institutional nature and - in this regard - the level of its perfection, social value, regulatory capabilities. The structure expresses the versatility of receptions and methods of legal management, the ability to multilateral impact on social life.
Basis
Features of the economic foundations are considered decisive in determining the structure of the law of a country. An important component is the level of socio-political development. The nature of the legal structure, in many aspects of the formation of its technical and legal essence, in the principles, features of prohibitions and permissions, reflects the category of production relations, the political regime and the system as a whole characteristic of this country. Other factors influence the system design. These include legal patterns, among which are the processes of specialization of legal regulation.
Specificity
Considering the law in the framework of a particular state, we can move on to understanding issues from a broader perspective. In other words, it becomes possible to illuminate the structure of the national system as a whole. This is primarily due to the interaction and unity of constitutional components. These, in particular, include law itself, legal practice and ideology. It should be said that the specifics of the national legal system or their complex is reflected in the terminology itself. So, definitions such as "structural community" or "structural education" are quite widespread. This suggests that the specificity is primarily manifested in the internal structure of the system.
Norms of law: signs, structure
Considering the main features and features of the system, it is necessary to clearly differentiate the definitions used. In this case, we mean the structure of the sources of law. This is a legislative system. The structure of law acts as an objectively existing internal division. Legislation is a construction, correlation, composition of forms. This category, among others, also includes legal requirements and branches of law. The structure of the legislation involves isolation by target and subject criteria. At the same time, these two categories - the internal structure of the system and the composition of forms - are interconnected and inseparable from each other. On the one hand, the legislation reveals, to one degree or another, but certainly not absolutely accurately, the structure of law. On the other hand, through the composition of forms, regulations, acts and other things, the competent authorities can influence the internal structure of the system. However, it is worth saying that this influence does not appear as an automatic result of any isolation of any legislative sphere. This impact is considered the result of the codification work of the relevant law-making bodies, based on objective assumptions and factors. In this activity, systemic legal generalizations are formulated and developed.
Legal requirements
Here it is worthwhile to dwell in more detail on such a definition as the structure of the rule of law. The initial, primary unit in any national legal system is the prescription of the law. These positions, "interlocking" with each other, develop into formations. The structure of the rule of law, its correlation with other requirements are determined by the logical nature and degree of generalization. The systemic ones are such provisions that are formulated as components of the entire complex of a single system.
By their nature, they are able to function and exist in a coordinated, coordinated form, connected into a single whole. Consistency is expressed in norms in different ways. It differs in its peculiar nature in legal judicial spheres. In these areas, gradually coordinated sustainable principles are developed - ideas of law. They, in turn, form thematic (subject) communities. The latter, however, do not receive the status of components of a closed construction.They act as thematically specific areas of the "open" (judicial) system.
Systematic
It receives a developed character in the regulatory and legislative structures in the process of targeted law-making activities of the competent authorities. They rely in their work on scientific legal information. The competent authorities can give the regulations significant abstractness, formulate essentially different norms (tasks, principles, prohibitions and others), coordinate and unify the material, subjecting it to specific principles, certain regulatory regimes. The method of solving these problems is codification lawmaking. In systemic acts, generalized prescriptions receive their development. Thus, the process of forming a structurally closed, logically complete system proceeds.
Codification
The concept and structure of the rule of law do not classify the systematization to the original components. Codification acts as the formative principle of the complex process of creation and development of the legal sphere. Crucial in this direction belongs to the existing needs of social development. When it is implemented, the properties and laws inherent in the entire legal sphere should be fully taken into account. However, it would be unreasonable to attribute the codification exclusively to the legal form, external systematization of the material. In this case, one should not forget that this kind of work contributes to a systematic organization. In other words, normative requirements are formulated, and then, by combining provisions, introducing new legal forms, units are formed in the system.
Communication with society
Undoubtedly, codification law-making in exploiting societies cannot lead to the formation of a highly developed structure. There will be violations that are associated with the course of economic development, antagonistic contradictions. In addition, in an exploitative society there is no theoretical, applied and genuine scientific worldview. The codification acquires the significance of a real leverage under the socialist regime. In this case, a new historical form of law and a qualitatively new structural community corresponding to it are formed in society. Its functioning is carried out on a scientific basis. With the effective use of codification, a harmonious balanced legal sphere is formed. It is consistent with the needs of the communist and socialist system.
Main divisions
The concept and structure of the rule of law are inextricably linked with the major links in the system. Units cover specific types of social relations, which, in accordance with their deep economic and political content, require a kind of separate regulation. In this regard, legal sectors tend to provide specific management regimes. Consider this definition.
Legal regime
It should be understood as a holistic system of exposure. It is distinguished by the presence of specific regulatory techniques. These include a special procedure for the emergence and establishment of the content of duties and rights, their implementation, especially sanctions, methods of their application, as well as common principles, general provisions that apply to a specific set of requirements. The degree of specificity of a particular industry regime may be different.
So, they can be special, species, general. The industry regime within the relevant area of legal reality permeates all segments of the legal field, the whole range of provisions. Along with this, units are distinguished by a certain isolation, some sovereignty.It is also noted in the legal literature that the norms governing relations within one regime do not apply to interactions within the boundaries of another. In this regard, the solution of the question of whether a life event belongs to a particular unit is of key importance.
The main features of the legal regime
In its structure, this is a rather complex phenomenon. The main features of the industry regime can be characterized using two components. They correspond to the facets of the intellectual-volitional essence of law. These include:
- Special regulatory techniques. In this case, we are talking about the specifics of the managerial properties of this formation from the willful side of the content.
- Features of general provisions and principles that permeate the whole essence of the industry intellectually.
The specificity of the regulatory properties of a particular legal community is considered determining in the regime. For the main divisions, these features are of great importance. This is embodied in specific peculiar methods and regulatory mechanisms. Despite the fact that these two components are formed on the simplest principles - dispositive and centralized, the latter, in combination with the totality of methods of influence in each industry, receive a special expression. This, in turn, is reflected in the legal status of entities.
Legal signs act only as the basis for the allocation in the legal system of units that exist objectively. Along with this, the main distinguishing features themselves need to be clarified. All of them are derivatives and ultimately depend on the material living conditions of society. To establish the primary foundations of sectoral division, it is necessary to refer each time to systematizing factors that determine the legal structure and to the fact that the subject of regulation is crucial in the formation of units.
The legal regime takes shape in relation to a specific type of relationship. Its socio-political, economic content directly determines the fact of its formation, as well as its specificity. Along with this, it is necessary to take into account other systematizing factors, the comparative independence of industry regimes, and the possibility of extending them to other, non-specific interactions.
Economic relations
This is a fairly extensive area of interaction. One of the topical issues in it is the issue of ownership. It is sanctioned by people always either negatively or positively. In the latter case, the structure of property rights is approved by society. With a negative attitude, there is a desire to change the existing system for the better for society. In this regard, property relations is a set of exceptions to access to intangible and material resources. The whole system of property relations is characterized by mobility and dynamism. In theory, there is no clear definition of property rights.
However, something else matters here. Any property right is always concluded in a certain complex. If necessary, it can always be excluded from there. Along with this, the erosion of property law should be excluded. This situation arises in the case of a vague definition of subjects or objects of relations. The specification acts as a means of combating erosion. It is a method of establishing competencies and securing them to the subjects. In general, thanks to the specification, it becomes possible to exclude the "draw" and "ownerless" property. The powers themselves can be established by the entities themselves by mutual agreement or by external force (state, for example). As a result, due to the specification, a more efficient use of property is carried out, its return is increased, and costs are reduced.
Social sphere
In this area, special attention is paid to civil rights and freedoms. One of the main documents regulating relations in this area is the International Declaration. Immediately after its adoption, work began to codify its provisions into the Convention. For procedural and political reasons, all rights were divided into two separate covenants. Each deals with specific categories. The Declaration adopted in 1948 became the basis for the 20 main Conventions. Their complex forms the structure of human rights, a developing system of international documents that determine the basic capabilities of people and establish mechanisms for promoting their protection.