The concept and features of law in the light of the legal science
Regulation of public relations is alwayswas the prerogative of state bodies forming the system of law. But the diversity of life sometimes establishes other norms, the enforcement of which is provided not by coercion, but by habit. And, consequently, it is important to know the concept and attributes of law, and also from what norms it develops in order to separate it from other norms. To this end, we will consider approaches to understanding it, as well as the most important characteristics presented by scholars - jurists.
The concept of law and its features
The use of the concept of "rights" is carried out inseveral values. The first and the main is a set of norms that regulate relations in the state. The second is the ability of the subject to act in a certain way in a strictly regulated situation, i.e. subjective right. The third meaning is the unification of certain institutions that regulate a large area of social relations.
As can be seen, the diversity of the use of the concept"Right" depends on the specific case. But "law" in the general legal sense includes a wider range of characteristics, or characteristics, namely the following:
- normativity means that a rule becomes law only if it regulates a general area, rather than a specific situation of one individual;
- formality - to fix a certainthe rules of conduct as a right require its written fixation in the form that is provided for generally binding rules established by the state;
- systemic - law is a clearly structured system in which there are both general norms and specialized ones that are mechanisms for implementing general norms;
- general character - means that the law is mandatory for use by all citizens of the country;
- compulsion - stems from the previous sign and means that to ensure adherence to the law, the state can apply coercion.
Summarizing the presented characteristics, it can be deduced that
Law is a set of generally binding rules of conduct that regulate social relations and are secured by the use of legal coercion.
It should be noted that both the concept of law and itssigns can be transformed depending on the country. However, the above characteristics are generally accepted, regardless of the interpretations provided by law schools.
In addition, the concept and attributes of law can be transformed and depending on the norms with which it is filled. Consider what they are?
The concept and features of the rule of law
Unlike the concept of "law", the definition of "rule of law" does not tolerate a dualistic approach. As a rule, jurists give the following definition:
The rule of law is a social rule of conduct,the execution of which became mandatory in accordance with its binding by state bodies and enforcement of which is provided by mechanisms of legal coercion.
Accordingly, like the concept, and signs of the rule of law do not cause a double interpretation. These include:
- regulation of a certain relationship - as a rule, the rule of law regulates the behavior model in only one kind of relationship;
- formality - in order for the rule of law to be applied it is necessary to make its written fixation;
- in general - in contrast to othersocial norms (for example, corporate rules), the rule of law becomes binding for all participants of the legal relationship, which it is called upon to regulate;
- the establishment of a certain model of behavior - namely, the rule of law always establishes either the right, or the responsibilities, or the fusion of the first two factors;
- imparting a state-power character - in case of non-enforcement of the rule of law, the state can apply legal coercion to implement the actions laid down in the norm.
These five characteristics affect not only the norm. The concept and attributes of law are mainly composed of exactly how each of the listed features is realized.
In addition, the concept and features of law thatthe jurists of this or that state singled out, and the formation of the entire state as a whole is also significant. The body of legislative power develops and adopts rules of law, which, depending on their essence, direct the development of each area of the country's life along a certain path. So, a clear understanding of the definition of law is directly related to the construction of a proper state regime, which is its value for the modern world order.