With respect to the current political and legal systems, various approaches to the concept of law are known. Such an interesting circumstance, of course, can be fully justified by a large number of tasks for the solution of which this definition is applied. So, concept and main features of law at the same time they mean ideal, reality, and the revival of order in society, and volitional manifestation, and a system of behavioral norms, and a claim in terms of a separate subject, and an instrument of freedom, and an instrument of arbitrariness. Strong, right?
Directions in understanding the category of law
In modern society basic features, rules of law understood in accordance with two main areas:
- People who adhere to the natural-legal concept consider law to be an objective phenomenon. So, they are sure that this aspect of social life is not formed by man, and certainly not by state structures. This happens despite the fact that basic signs of human rights were created through social efforts. Supporters of such an interesting concept sincerely believe that the category of law is formed exclusively through natural efforts, as well as divine power. Thus, absolute justice and complete equality are affirmed, and a person is protected from arbitrariness.
- Proponents of the positivist concept, on the contrary, notice that the category of law is not amorphous and cannot be formed through the forces of mythical nature. Representatives of this area are firmly convinced that the law is created by the state as an objectively existing and universally recognized standard of behavior. Proponents of the concept note that main features of law It matters when the category itself has the ability to clearly and unambiguously regulate relations that are appropriate in society.
Concept schools
It is important to add that in the framework of the above concepts, a large number of schools have been created. They all interpret concept and main features of law in my own way. And supporters of these schools, as a rule, significantly exaggerate the role of individual characteristics, sources and properties of such a specific phenomenon.
Thus, in the process of developing the opinions of representatives of the first concept of the category of law as a system of principles of morality and relevant ideas, supporters of the psychological school interpret the law as mental experiences of individual individuals due to some activity carried out on mutual terms. Have some differences main features of law and legal positivism, which is primarily manifested in normative theory. Supporters of this school believe that the content of the legal category lies exclusively in the norms of obligation of an abstract nature.
People who promote the ideas of the school of sociology clearly know that norms of an abstract nature and corresponding ideas do not make it possible to fairly regulate relations. Representatives of this school are considering main features of legal law and directly its concept as a specific system of actions of law enforcement bodies in terms of decision-making in specific situations, which, as a rule, cause possible arbitrariness.
findings
In any case, it would only be advisable to welcome different approaches to the interpretation of the category of law, because in the scientific aspect, absolutely every doctrine serves as a small step on the path to understanding the nature of law and its corresponding capabilities. Regarding the practical aspect, it should be noted that today more rational decisions are being made on contemporary issues regarding the sources, effectiveness, consistency of the legal category, methods and means of resolving actual contradictions, and so on.All this is carried out thanks to the ongoing disputes of relevant topics.
The above directions along with the same interesting ideas, which turned out to be not quite in demand, still contain the nuances of a rational nature. The main features of law in these areas competently reflect certain aspects and properties of the legal category. By the way, authors often do not give an objective representation of such a phenomenon in complex argumentation.
Legal signs. Normative
What signs of law make up its main difference? To consider this issue, you must be able to clearly interpret the concept of the corresponding category, which can be learned from the materials of previous chapters.
The first very significant legal sign is normativity. In accordance with it, the category of law is summed up from the norms, each of which has basic features, rules of lawrelated to typical life situations. In addition, normativeness defines a general system of behavioral rules for subjects in society and developing social relations.
By the way, it is normativity that fully helps in satisfying the need noted by Karl Marx "to cover production acts that are repeated daily with acts of general nature, acts of distribution and exchange of products, and also take care of the subordination of an individual to the general rules of production and exchange."
Definition of law. The main features of law. Strong-willed character
As it turned out, the concept of law is endowed with many interpretations, each of which is discussed in detail in the first chapters. In addition, this category is characterized by a number of features. To the list reflecting main features of the legal system, and strong-willed character.
The fact is that the history of the thought of law long ago links the meaning of this category directly with the will. The only difference is that part of society means by the term the will of the ruling class, and part - the will of individuals, which has the right to freedom of expression. Like everyone else main features of law and state, strong-willed character is individual. In accordance with this provision, the legal category in one way or another serves as a specific form of formation and further protection of human interests from competing ones, because it is the interest, which is the basis for the will of a person, that becomes a decisive force in terms of law formation as a need of a conscious nature. This fact in any case confirms the reality. Like everyone else main features of law, strong-willed character promotes his distinguishing position. So, any abstraction of the normative level in order to turn into a fair and effective should slightly change in terms of content and meet current requirements at the moment. A good impetus for such changes can be the interests of individuals who are real participants in relations of a social nature, as well as practical needs.
Strong-willed character of law
It is interesting to add that any legal category, in accordance with its own meaning, serves as a very balanced public will, which reveals a suitable and optimal order of development and regulation in terms of relations that are significant for society as a whole. So, in this case, state, public and, of course, individual interests are necessarily combined. In addition, it all depends on the specific requirements, as well as the specifics of this kind of relationship. Because of this, the proportion of interests often changes significantly.For example, in the constitutional, of course, state or public dominate; in relations of sale, in any case, individual interests will come to the fore.
It is important to note that in the case of the necessary parity of the above categories of interests, efficiency with respect to legal regulation is significantly reduced. In addition, if they are opposed, the law is likely to be legalized arbitrariness.
So, it is precisely the balance of interests that is equivalent to their consideration in terms of society, the state, and, of course, the individual. It is important that, in any case, knowledge of public interests dominates, due to which the holistic state of the system of society is supported, as well as incentives to achieve a common goal that sounds like the absolute well-being of legal entities. In accordance with this provision, the free will of an individual is necessarily agreed upon and also limited by the free will of other legal entities who are directly interested in this. This balance allows you to reflect the balance of political forces. In addition, in terms of content, it is determined by the parity of specific rights and obligations of potential subjects of regulated social relations. That is why the meaning of the source of legal force of the legal nature of the legal prescription lies both in the implementation of coercive and in the level of coordination by the will of individual entities.
Other characteristics of the legal category
As it turned out, the main features of law are normativity and strong-willed character. But this is far from all the existing characteristics. In addition to their important role, formal certainty plays. So, in order to acquire universal significance of the universally binding properties of a legal nature, the will of society must be formally expressed through a legal act, which is established, as a rule, by state authorities and contains prescriptions of a formalized nature, which primarily determine the boundaries of the external freedom of legal entities. The fact is that the regulation of legal orientation does not tolerate uncertainty and amorphousness with respect to absolutely all requirements. Today, through written documentation, it is possible to ensure the maximum level of accuracy and clarity in terms of fixing specific facts that have legal meaning. In addition, any body of state significance, by virtue of its own powers, has the right to accept exclusively forms of legal acts (laws, decrees, etc.) specified by it.
An important role in the system of signs of law is also played by general obligatoryness, according to which the adopted legal precepts are sent not to the address of a specific person, but to the majority of people who undertake to fulfill them in order to avoid punishment.
Additional signs
In addition to the above signs of law (describe the main features of law(cited in the previous chapters) an important role is played by the systematic and hierarchical structure. Thus, normative prescriptions extend their effect on the behavior of individuals not in an isolated way, but through interaction and complementation of each other. That is why in this case it would be advisable to define law as an interdependent, consistent and coordinated system of norms that are located in accordance with legal force. It is important to add that in case of violations in relation to systemic properties, various collisions, shortcomings, and also conflicts appear.
Regulatory impact
The regulatory nature of the legal impact is carried out through direct action on the subjects, subject to the application of mortally identified and corresponding on a reciprocal basis legal obligations and subjective rights.It is they who organize the modeling, direction and determination of the mechanism of behavior of specific categories of subjects. In addition, a distinctive feature of the relevant requirements is the provision of a binding obligation, in which case the application of a certain right is fully ensured by the fulfillment of a specific obligation.
The formation and enforcement of law through the state
The state as the sole official representative of society as a whole is engaged in identifying, consolidating and ensuring a balance of the most important interests of an individual, group and social nature. It is it that is vested with monopoly law in relation to law-making. By the way, the dominant status of the state does not at all indicate the subordination of the legal category to it or the incompatibility of the legal content with the rights and freedoms of a natural nature relating to the individual.
It is important to add that the decisive importance of the state is confirmed not only by lawmaking and law enforcement, but also by various forms in relation to ensuring the effectiveness of the legal category. As a rule, legal literature says that the provision of coercion by the state is a specific feature of law. Exactly so, because thanks to this property, the category in question differs from other regulators of social influence.
In conclusion, it would be advisable to define law as a whole system of requirements of a generally binding nature, the establishment and maintenance of which are carried out directly by the state. They reflect the balance of public and individual interests, and also provide for the regulation of socially significant public relations through the provision of certain rights and vesting with legal duties.