In any modern country, there is an authorized state framework for behavior. Within them, the entire process of the life of the state is carried out. This universal regulator of relations within society is called the well-known word - law. This term was known back in ancient times. In the process of evolution of society, law acquired several meanings: subjective and objective. A subjective interpretation of the term law means a certain norm of behavior, a measure permitted. If we talk about law from an objective point of view, then you need to imagine a huge mechanism through which the regulation of the activities of people and the state as a whole is carried out.
An interesting feature of law is the fact that it takes over the moral principles of the society in which it develops. Simply put, national characteristics directly influence this complex regulatory mechanism. However, law cannot be considered as a single element, because it is part of a large structure called the legal system.
The concept of the legal system
The very concept of “legal system” causes a lot of controversy in the scientific world, which will be discussed later. The main problem is that scientists attribute various elements to the concept of the legal system.
Thus, the basis of this structure cannot be distinguished. Nevertheless, there is a standard concept of the legal system. It can be found in many modern textbooks and scientific works of scientists.
In the classical version, the legal system is a combination of several social and legal mechanisms of the state. In other words, the aggregate relationship between law enforcement, national law and legislation, as well as legal culture. In this case, the concept under consideration is based on the national system of law, which regulates social relations through its implementation. A subjective awareness of the legal climate is manifested at the level of the corresponding culture of the state’s population.
The problem of understanding the term
In addition to the classical theory of the legal system, there are certain views based on the beliefs of various scholars. There are only three main approaches to decoding the legal system:
- The concept and structure of the legal system is based solely on positive law - regulatory acts of the state. No other elements exist anymore.
- Advocates of the second approach argue that such a system includes not only positive law, but also some elements of legal reality, such as judicial practice or the ideology of law.
- Some scholars argue that the legal system is the totality of all the phenomena of legal practice in all its forms of manifestation.
Even taking into account the differences of views, scientists have agreed on the issue that the legal system has a range of features by which it can be separated from other mechanisms.
Signs of a legal system
The following features of the legal system are distinguished:
- By nature, any legal system is heterogeneous. Which does not allow us to distinguish two identical structures today.
- The difference between such systems is manifested in the functional orientation and degree of authority of law in the state.
- The legal system is designed to meet basic social needs or to regulate them appropriately.
- She coordinates legal activities within the state.
- Legal phenomena are realized through close interconnection with the legal system and on its basis.
- The legal system is a single, functional and structured set of elements.
Thus, the concept of a legal system includes not only the name of its main elements, but also the main features that characterize this complex structure.
Elements of the legal system
Concept and legal structure interconnected, because it is the concept that shows the basic elements of the whole mechanism. We can distinguish a number of basic components of the legal system, namely:
- National system of law. It may be different in each state, but its structure is unchanged. Any national system of law consists of industries, sub-sectors, institutions (industry, inter-industry) and legal norms. In this case, the legal system is the framework according to which the internal processes of the state take place.
- Realization can be called the process of using legal norms in real life. Thanks to her, legal norms not only exist on the pages of regulatory legal acts, but also affect public relations. The main forms of implementation can be called execution, compliance and use.
- Legal culture is a combination of relevant ideas, values and beliefs that are accepted in the midst of any community, nation. Legal culture shows an understanding of law, a reaction of consciousness. This element of the system is expressed in the process of an individual using his personal rights.
It is worth remembering that all the elements presented are also structured. As for the legal system as a whole, this is not a finite element. There are even more complex mechanisms. These are socio-legal structures, which just consist of the legal systems of several states. These structures are called legal families.
Legal family concept
In many textbooks, it is customary to single out the concept and types of legal system. What is fundamentally wrong. All legal systems have the same structure, but have no types. Of course, national characteristics may occur. But it is customary to isolate them only with a theoretical understanding of a particular legal family. Very often, the two terms ("legal family" and "legal system") are combined as identical. But this is simply incorrect, based on the definition itself.
The legal family is a combination of several legal systems that are formed under the pressure of cultural characteristics, the state system, and historical development. The doctrine of legal families makes it possible to find out the similarities and differences, and to carry out a typological separation. And also to more finely define the concept of the legal system. Families can also be classified based on certain attributes.
Classification of legal families
For many years, scientists have tried to identify the main types of legal families. The problem lay in the search for those similarities and differences, due to which it is possible to combine or, conversely, distinguish several of them. The most correct classification was proposed by Rene David. It is based on a deological factor and legal technique. According to this classification, the following types of legal families are distinguished:
- Romano-Germanic.
- Anglo-Saxon.
- Religious legal family.
- Socialist.
- Family of customary law.
This classification allows you to determine the theoretical points, as well as highlight the concept of the legal system of society.
The legal system of society
It was previously indicated that in the very concept of law a powerful regulator of public relations is concluded.
Therefore, the legal system of society implies by itself the totality of those elements of this sphere that interact as much as possible with society and people. In fact, this is a positive law: regulatory acts of the state, legal practice, legal ideology, etc.In a particular legal family, the interaction of society and law occurs in different ways. In such Anglo-Saxon-type families, the judicial and administrative authorities play a key role; in a religious family, the basis of everything is legal ideology.
Thus, the legal system of society develops under the pressure of the legal system as a whole, and the basis is the subjective understanding of law by society.
The legal system and its role in the state
The concept and elements of the legal system are unchanged in almost all states. But in each country, these elements function differently. It follows that each state has its own specific model for the functioning of the mentioned system. In itself, the rule of law carries out its activities on the basis of legal norms. Thus, legal families, in fact, show the development in this area of a certain number of states. As well as the activities of society within them, based on principles of law.
Conclusion
So, in the article we presented the concept and features of the legal system. And also tried to show the consistency of this complex phenomenon. In conclusion, it must be added that the problems of the legal system are relevant today, and the mass of questions on it are still not open.