The concept and signs of law. Relationship of state and law
At the dawn of the birth of society, the concept and arise on the basis of the rites and customs of the communal system that governed the property, production and personal relationships of people with each other. Later, when the first states and cities emerged, various schools began their interpretation of legal principles. To date, the emergence of relationships in society is reduced to three theories.
How did the right arise
The theory of natural law interprets the emergence of legal relations as a continuation of the natural nature of man, his humane values and striving for justice. The historical school interprets this concept from the historical development of civil society. So, ceremonies, myths and customs were transformed into legalized legal relations.
Psychological theory speaks about the subjectivity of relations, deriving the very concept of law and its signs through the prism of the psychological characteristics of each person.
Law as a social phenomenon
The basic concept of law is based on the regulation of rules of conduct in society. Therefore, this imperative can be called a social discipline that regulates the behavior of individuals in society in order to preserve this society. It is the legal norms that regulate the distribution of spiritual and material benefits, build the foundation for private property and commodity-money relations.
Law and state
Every society must be a regulator of relations between people, it also has the duty to protect and protect such relations. Such regulation is carried out with the help of various social norms. Modern legal literature regards this concept as a socio-political phenomenon, and as one of the levers of government. The first explanation of the right is characterized by a certain freedom and reasonable behavior of people in society. From this point of view, the concept and signs of law can be decomposed into such items as:
- human rights;
- the rights of various societies, social groups, groups and associations;
- the rights of the nation, society, people;
- the rights of mankind.
The second concept is legal, it is connected with the system of all legal regulations that are approved and protected by the state. Legal law can be divided into objective and subjective. This division is based on the human perception of certain norms. The concept of an objective legal right can be represented by a system of legal regulations protected by state instruments. These regulations are generally binding and do not depend on the individual consciousness of each member of society. Subjective legal law is a combination of all the possibilities of a person, a measure of his freedom and independence in a given social environment.
Thus, the concept of law includes:
- rules of behavior of people and an individual;
- rules governing relations between people;
- generally accepted system of norms protected by the state;
- consolidation of the model of behavior in regulatory documents, legal acts, various laws, etc.
Each point of existence in the state and a person and society is an element of the legal system of a state.These norms are based on the customs and the natural desire of every person for justice. The concept and characteristics of the rule of law in different countries are interpreted differently. In order to choose one or another legal norm correctly, in each individual case its place in the state system is taken into account. At the same time, the right is of an obligatory nature, it is obligatory for execution and is not subject to negotiation, evaluation by people or communities to which this right applies. Fulfillment of norms is assigned to the state. It is through the legal system that it is the guarantor of the rights of communities of people and individuals. Here the legal system acts as a community of normative and legal documents, interconnected and operating according to the same mechanisms.
Signs of law
The concept and signs of law are inextricably linked. From different definitions and a clear awareness of one’s own rights and principles of behavior one can derive principles that are the same for different legal systems. These signs are present in all types of government. In general, the totality of all signs of law can be reduced to four categories: normative, certainty, guaranteed by the state and systematic.
Every person in society is endowed with a list of rights. This list of freedoms is not accidental and depends on the norms adopted in this society. Knowledge of the rules by which society lives, facilitates the existence in it of all its members. The code of such rules forms the rule of law. The standard itself does not stop at enumerating individual freedoms and rights. This concept is much broader. In the legal sphere, standards should guarantee the mandatory implementation of all legal standards for each person. The holder of the right is not only free in his actions within the framework of the law - his freedom and his rights are guaranteed by the state. Normativity lies in the fact that rights are enshrined in the law and are accepted as mandatory, official rules of conduct in society.
Formal certainty follows from normativity. In order for one or another form of human behavior to be permissible, society or at least part of it must agree with it. So it turns out religious law, corporate law and others. This concept implies the creation of rules of conduct with which the entire society of a given state agrees.This consent is expressed in a number of documents, laws and legal acts, according to which an assessment of the actions of each person takes place.The method of state participation in such an assessment depends on the form of law. The most common forms are legal precedent, regulation, authorized custom.
Provision of state institutions
According to this feature, any state has a monopoly on the enforcement of members of society to observe order. Historically, this feature arose during the time of the first state formations. In order to carry out the functions of supervision over the observance of the law, the authorities have the tools that make each person act within certain limits.An individual who violates the freedoms of other members of society is restricted in his rights. The value of the state is to establish the boundary between order and arbitrariness. Therefore, the task of each state becomes the need to maintain the freedoms of citizens, the boundaries in which rights and freedoms are exercised, as well as the restrictions that would violate these boundaries.
Currently, the concept and characteristics of law is a complex system of education. New approaches to understanding this term divide it into positive, subjective and natural. In part, these assessments echo the concepts described above.