Keywords:law, regulator, public, relations

Right- a special, official, state regulator of public relations. This is its main purpose. Regulating certain relations, it thereby gives them a legal form, as a result of which these relations acquire a new quality and a special form - become legal, clothed in a legal shell.

It is with the help of such normative influence government transfers certain relations under its jurisdiction and protection, gives them order, stability, stability, the desired direction, puts them on the right track.

Prohibiting some actions, allowing others, encouraging others, establishing responsibility for violations of its prescriptions, the law in this way indicates the necessary socially useful behaviors of subjects limits or expands the scope of their personal desires and aspirations, suppresses harmful activities.

Compared to other social regulators law is the most effective, authoritatively coercive and at the same time civilized regulator. This is - essential attribute of any statehood. Any relations acquire the character of legal relations only if they arise on the basis of and in accordance with the rules of law and do not contradict the will of the state.

Hence, legal relations can be defined in the most general sense as public relations regulated by law. At the same time, regulated relations, in principle, do not lose their actual content (economic, political, family, property, etc.), but only change, acquiring a new, additional property.

In other words, the legal relationship is not separated from the real relationship mediated by it, is not located somewhere near or above it, but exists along with it. After all, the form and content of any phenomenon are inseparable.

The state cannot arbitrarily change the original nature of certain relations with the help of legal means, much less create new ones. If this were possible, then the solution of many problems in the life of society would be a relatively easy task.

The state, by issuing laws, can at best accelerate the development of certain relations, capture trends, give scope for the manifestation of positive principles and, on the contrary, restrain, oust negative and obsolete ties and processes.

Law is not a creator, but only a regulator and stabilizer of social relations . Law in itself does not create anything, but only authorizes social relations. Legislation merely records and expresses economic needs.

For example, modern market relations in Russia began to take shape not because legal norms on this subject were once adopted, but because they matured in real life. Elements of these relations appeared in the pre-perestroika period in the form of a "shadow", semi-official economy. And only then the relevant acts were adopted, which legalized these sprouts, forms, accelerated their development.

But there are also such legal relations that arise only as legal ones and cannot exist in any other capacity. For example, constitutional, administrative, procedural, criminal and others. It is precisely such legal relations in form and content, i.e. in its "pure form", represent a truly independent type and type of social relations. Only in this sense can we say that law creates, "creates" social relations, giving rise to new connections.

Certainly, legal relations arise not simply because there is a rule of law (although this is a mandatory formal basis), but because because certain social relations need legal regulation. Then there is a legal norm and already on its basis - a legal relationship.

Legal relations, as it were, "ripen" in the bowels of public life, being determined by economic and other needs.

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Introduction…………………………………………………………………………...3

Chapter. The concept of law: signs, purpose, functions………………………5

1.1. The concept of law in the objective and subjective sense…………………6

1.2. Law as a regulator of social relations………………………...7

1.3. The essence of law…………………………………………………………………9

1.4. Signs of law……………………………………………………………..9

1.5. Assignment of the right…………………………………………………………………………………………………12

1.6. Functions of law……………………………………………………………….13

Conclusion………………………………………………………………………… 15

References……………………………………………………….………..17

Introduction

Trying to understand what law is and what is its role in the life of society, even Roman lawyers paid attention to the fact that it is not limited to any one sense. Law, wrote one of them, is used in at least two senses.

First, law means that which is "always just and good," that is, natural law.

Secondly, law is that which "is useful to all or many in any state, what is civil law."

Law is a social phenomenon, it is a side, a "part" of society.

In domestic legal history, there is a complex evolution of law. Over time, ideas about law, theory and concept have changed. At the end of the XIX - beginning of the XX century. legal scholars associated the predominantly coercive influence of the state, awareness of dependence on power, etc. with law. In the 20s of the XX century. an understanding of law as a social relation, as an actual legal order is being formed, which reflected the creation of a new socialist law. In the 1930s and 1940s, a normative definition of law was developed, which turned out to be very stable. But in the 1950s, broader ideas about law developed again, in which, in addition to norms, legal relations and legal consciousness were also distinguished.

Law is legal views and positions that express social interests and are enshrined in a system of generally binding principles and rules of conduct established by the state and international structures and regulating social relations, provided by the state and institutions civil society and the world community.

The purpose of this work is a theoretical study of the issue. To achieve the goal, it is necessary to solve the following tasks:

· reveal the system of legal relations existing in the society;

determine the essence and content of law.

1. The concept of law: features, purpose, functions

Law, like the state, is one of the most complex social phenomena. AT Everyday life people understand by law generally binding rules of conduct established and sanctioned by the state in the form of laws, decrees, etc.

Law is not exhausted by formal characteristics, although in a specifically legal sense law is determined by these characteristics; these are legal texts formulated by the authorities and containing legal norms.

Law has deep roots in culture, both world and national spiritual history of the people.

Law has natural connections with such institutions as humanism, human rights, social justice, which are the objects of scientific and socio-political discussions. Therefore, the idea of law, its essence, value, methods of implementation can be both general and specific historical; these legal relations are set by the direction and meaning of each stage of the life of society.

Law is the state regulator. It regulates relations between people with the correspondingly embodied will of society. Therefore, unlike other social regulators, the right of a given society can be only one, it is one and the same with the state. Law is the only normative, the regulatory impact of which, on relations between people, entails certain legal consequences for their participants.

Law is a system of obligatory, formally defined norms that express the state will of society, conditioned by economic, spiritual and other conditions of life, its universal and class character; are issued and sanctioned by the state in certain forms and protected from violations, along with measures of education and coercion; are the regulator of social relations.

Law is a system of regulation of social relations, conditioned by the nature of man and society and expressing the freedom of the individual, which is characterized by normativity, formal certainty in official sources and provision with the possibility of state coercion.

1.1. The concept of law in the objective and subjective sense

In modern legal science, the term "law" is used in several meanings. Firstly, the right is called the legal claims of people, for example, “the right of a person to life”, “the right of peoples to self-determination”. These claims are due to the nature of man and society and are considered natural rights.

Second, law refers to a system of legal norms. This is a right in an objective sense, because the rules of law are created and act independently of the will of individuals.

Thirdly, the named term denotes officially recognized opportunities that an individual or legal entity, organization has. “Citizens have the right to work, rest, health protection, property”, etc., organizations have the rights to property, to activities in a certain area of state and public life. In all these cases, we are talking about the subjective sense of law, i.e. about the right belonging to an individual - the subject of law.

Fourthly, the term "law" is used to refer to a system of all legal phenomena, including natural law, law in an objective and subjective sense. Here it is synonymous with "system of law". For example, Anglo-Saxon law, Romano-Germanic law, national legal systems.

The term "law" is also used in a non-legal sense. There are moral rights, the right of members of public associations, parties, unions, rights arising on the basis of customs. Therefore, it is especially important to give a precise definition of the concept of law, to establish the signs and properties that distinguish it from other social regulators. In legal science, many definitions of law have been developed, which differ depending on what exactly in legal phenomena is taken as the main, the most essential. In such cases, we are talking about the definition of the essence of law. Law has natural connections with the economy, politics, morality, and especially deep connections with the state. All these connections, one way or another, are expressed in its signs. It is necessary to distinguish between signs and properties. Signs characterize law as a concept, properties - as a real phenomenon. Signs and properties are in correspondence, i.e. properties are reflected and expressed in the concept of law as its features. Philosophers, not without reason, assert that "any phenomenon of reality has an innumerable set of properties." Therefore, the concept includes features that reflect the most significant of its properties. Fundamentally different is the approach when the general social essence and purpose of law is recognized, when it is regarded as an expression of a compromise between classes, various social strata of society. In the most developed legal systems (Anglo-Saxon, Romano-Germanic law), priority is given to a person, his freedom, interests, needs.

1.2. Law as a regulator of social relations

Law is a special, official, state regulator of social relations. This is its main purpose. Regulating certain relations, it thereby gives them a legal form, as a result of which these relations acquire a new quality and a special form - they become legal. In comparison with other public regulators, law is the most effective, authoritatively coercive and, at the same time, civilized regulator. This is an essential attribute of any statehood. Legal relations can be defined in the most general sense as social relations regulated by law.

Law is not a creator, but only a regulator and stabilizer of social relations. “The law itself does not create anything, but only authorizes social relations ... Legislation only records, expresses economic needs.” There are legal relations that exist only as legal and cannot exist in any other capacity.

For example, constitutional, administrative, procedural, criminal, etc. It is precisely such legal relations in form and content, i.e. in its “pure form”, they represent a truly independent type and type of social relations. Only in this sense can we say that law creates, "creates" social relations, giving rise to new connections.

Law regulates far from everything, and only the most fundamental relations that are essential for the interests of the state, society, the normal life of people, these are, first of all, relations of property, power, socio-economic structure, rights and obligations of citizens, ensuring order, labor, property, family and marriage relations, etc. The rest are either not regulated by law at all (the spheres of morality, friendship, comradeship, customs, traditions), or are partially regulated (for example, in addition to material rights, there are purely personal ones in the family).

All public relations can be divided into three groups: 1) regulated by law, acting as legal; 2) not regulated by law, having no legal form; 3) partially adjustable. In the latter case, it must be borne in mind that not every relationship can be subject to legal regulation, and in many cases the need does not arise.

1.3. Essence of law

The essence is the main thing, the main thing in the object under consideration, and therefore its clarification is of particular value in the process of cognition.

Law is built on three pillars. This is morality, the state, the economy. Law arises on the basis of morality as a method of regulation different from it; the state betrays him officiality, guarantees, strength; the economy is the main subject of regulation, the root cause of the emergence of law, because this is the area where morality has found its inconsistency as a regulator. Morality, the state, the economy are the external conditions that brought the right to life as a new social phenomenon. In law and through law, freedom is fixed and brought to every person, to every organization.

Law has a general social essence, serves the interests of all people without exception, ensures organization, orderliness, stability and development of social ties. When people enter into relations with each other as subjects of law, this means that they have the authority of society and the state behind them, and they can act freely without fear of adverse social consequences.

The general social essence of law is concretized in its understanding as a measure of freedom. Within the limits of his rights, a person is free in his actions, society, represented by the state, stands guard over this freedom. Thus, the right is not just freedom, but freedom guaranteed from infringement, protected freedom. Thanks to the law, good becomes the norm of life, evil - a violation of this norm.

1.4. signs of law

Signs of law characterize it as a specific system of social relations.

1) normativity. Law has a normative character, which makes it related to other forms of social regulation - normativity, customs. The right that each person or legal entity has is not arbitrarily measured and determined in accordance with applicable regulations. In some doctrines of law, the sign of normativity is recognized as dominant and law is defined as a system of legal norms. With this approach, the rights of an individual or legal entity turn out to be just the result of the operation of norms and, as it were, are imposed on them from the outside. In fact, the opposite relationship takes place: as a result of the repeated repetition of any behavior options, the corresponding rules are formed. Knowledge of the established rules makes it easier for a person to choose the right decision regarding how he should act in a given life situation. The value of the property under consideration lies in the fact that “normativity expresses the need to establish normative principles in social relations related to ensuring the orderliness of social life, the protected status of an autonomous person, his rights and freedom of behavior.” The norms of law should be considered as a “working tool”, with the help of which human freedom is ensured and the social antipode of law, arbitrariness and lawlessness, is overcome.

2) formal certainty. Assumes the fixing of legal norms in any sources. Rules of law are formally enshrined in laws, other regulations which are subject to uniform interpretation. In law, formal certainty is achieved by the official publication of court decisions, recognized as samples that are mandatory when considering similar legal cases. In customary law, it is provided by the formula of the law that authorizes the application of custom, or by the text of a court decision made on the basis of custom.

Based on the norms of law and individual legal decisions, the subjective rights, duties, and responsibilities of citizens and organizations are clearly and unambiguously defined.

3) the hierarchy of the rules of law, their subordination: the rules of law have different legal force, for example, constitutional norms have the highest legal force, they cannot contradict the norms of another level.

4) the intellectual-volitional nature of law. The right is a manifestation of the will and consciousness of people. The intellectual side of law is that it is a form of reflection of social patterns and social relations - the subject of legal regulation. The law reflects and expresses the needs, goals and interests of society, individuals and organizations. The formation and functioning of law as an expression of freedom, justice and reason are possible only in a society in which all individuals have economic, political and spiritual freedom.

The volitional beginning of law must be considered in several aspects. First, the content of law is based on the social and legal claims of individuals, their organizations and social groups, and their will is expressed in these claims. Secondly, the state recognition of these claims is carried out through the will of the competent state bodies. Thirdly, the regulating effect of law is possible only with the “participation” of the consciousness and will of persons who implement legal norms.

5) security with the possibility of state coercion. State coercion is a factor that made it possible to clearly distinguish between right and duty, i.e. sphere of personal freedom and its limits. State coercion is a specific sign of law that distinguishes it from other forms of social regulation: morality, customs, corporate norms. The state, which has a monopoly on the exercise of coercion, is a necessary external factor in the existence and functioning of law. Historically, law arose and developed in cooperation with the state, initially performing a protective function. It is the state that gives the law highly valuable properties: stability, strict certainty and security of the “future”, which, according to their characteristics, become, as it were, part of the existing.

Summing up the above signs, law can be defined as a system of generally binding, formally defined normative guidelines that regulate social relations and come from the state, secured for implementation by coercion from the state.

1.5. Purpose of law

The purpose of law is formulated in legal science in two aspects. According to the first aspect, the purpose of law is to express the interests of the ruling class (stratum, groups), to embody the will of the economically dominant class, to serve as a means of suppression, violence against other classes.

In accordance with the second aspect, the purpose of law is to serve as a means of compromise, to remove contradictions in society, to be a tool for managing the affairs of society. Hence, law is interpreted as a means of consent, concessions. This does not mean that law is not connected with coercion, but it is not coercion that comes to the fore in the legal resolution of problems, but the achievement of agreement and compromise.

In real life, law performs tasks of a dual nature: on the one hand, it acts as an instrument of political domination, and on the other hand, as an instrument of general social regulation, a means of establishing order in society. Therefore, we can conclude that the main purpose of law is to ensure order in society, taking into account the interests of different strata and groups by reaching agreement and compromise.

1.6. Functions of law

The functions of law are understood as the main directions of legal influence on social relations arising from its content and purpose.

There are two main functions of law - regulatory and protective.

Regulatory - streamlining social relations by fixing the relevant social relations and orders (static regulatory function; for example, fixing the owner's powers to own, use and dispose of things) and ensure the active behavior of certain subjects (dynamic regulatory function; for example, imposing the obligation to pay taxes );

· protective - the establishment of measures of legal protection and legal liability, the procedure for their imposition and execution.

In addition to these, the law performs some additional functions. These include educational, ideological, informational, etc.

The educational function consists in the impact of the right on the will, consciousness of people, educating them in respect for the law;

· the ideological function is to introduce into the life of society the ideas of humanism, the priority of human rights and freedoms, democracy;

The information function allows people to be informed about the requirements that the state imposes on the behavior of an individual, to report on those objects that are protected by the state, about what actions and actions are recognized as socially useful or, on the contrary, contrary to the interests of society.

Conclusion

Summarizing the above, we can say that the definition of law contains in a "folded" form many of the characteristic features of this institution. Law - a set of rules of conduct established by the state power as the power of the ruling class in society, as well as the customs and rules of the hostel, sanctioned by the state power and enforced with the help of the state apparatus in order to protect, consolidate and develop social relations and procedures that are beneficial and pleasing the ruling class.

So, the main purpose of law is to be a powerful social and normative regulator, a determinant of the possible and mandatory behavior of individuals and their collective formations. Moreover, the obligation of law, unlike other social regulators, is ensured by the possibility of state coercion, legal provisions become for those to whom they relate, a generally binding rule of conduct.

In recent years, there have been many changes in all spheres of our lives, which have put state institutions and the legal system to the test.

Modern law is not just changing, it is becoming more extensive, covering previously unknown relationships. Modern legal systems and regulatory arrays are quite complex. Therefore, both internal legal contradictions within each of the legal systems and external contradictions between them are inevitable. Contact, interaction of legal systems, their mutual influence covers all layers of each of them. What is common is that legal contradictions are expressed in different legal understandings, in the clash of legal acts, in the illegal actions of state, interstate and public structures, in claims and actions to change the existing legal order.

Therefore, one of the tasks of modern law, as a regulator of social relations, is the formation of conflict of laws.

Bibliography

1. Vengerov A.B. Theory of State and Law: Textbook for Law Schools. - M.: Jurisprudence, 2000.

2. Morozova L.A. Fundamentals of State and Law: A Handbook for Applicants to Law Schools. - M.: Jurist, 2000.

3. Nersesyants V.S. Philosophy of law. Textbook for high schools. - M., In-fra-M-Norma, 1997.

4. Theory of state and law. Course of lectures / Ed. M.N. Marchenko. - M., 1996.

Law and Morality

In the regulation of social relations, law interacts with morality. The application of the rule of law requires insight into the moral basis of human relations. In comparison with other social norms, morality has the widest scope. But the scope of law and morality overlap to a large extent. Morality is a special type of normative regulation, represented by a set of norms and principles that spread influence over the whole society. The universal content of morality is also embodied in legal norms. Morality combines absolute values, due to which moral norms and assessments are the highest criterion for lawful behavior. As a form of social consciousness, a complex of relations and norms, morality originated before the political and legal forms of consciousness. The principles of morality are the basic principles, the initial requirements covering the public and private life of a person. Basic human rights are the legal expression of his freedom and dignity. Law and morality are part of the culture of society and serve a common goal - to harmonize the interests of the individual and society. Law as a whole corresponds to moral values. M.N. Marchenko notes that morality and law have common areas of distribution and regulation, while, compared with the norms of law, moral norms have a broader nature of legal regulation. “Relations of friendship, love, many family and other relationships can be regulated only by moral norms or other social norms, but not by legal norms.”

In the theory of state and law, the relationship between law and morality is considered from the standpoint of their unity, difference and interaction. The unity of law and morality is characterized by:

the normativity of law and morality, which consists in the totality of certain norms, which are the standard and criterion for evaluating behavior;
the universality of law and morality, which is manifested in the fact that they apply to all social relations, i.e. are the most universal regulators in the system of social norms;
commonality of law and morality, which is expressed in the same assessment by them of the economic basis, ideology, politics and other spheres of human life.

The difference between law and morality:

by origin: the rules of law are established and sanctioned by the state, the norms of morality are formed by society. Moral norms arose earlier than legal norms, which were formed only after the formation of the state and law;
in terms of scope: the rules of law regulate those relations that are elevated by the state into law, are provided and protected by its coercive force, while the norms of morality affect not only legal relations, but also on the totality of social relations that are not regulated by law;
by structure: legal norms usually consist of three elements - hypotheses, dispositions, sanctions, as a result of which permissions, prohibitions or instructions are formulated in great detail. Moral norms act as generalized rules of conduct and principles;
according to the method of ensuring: the implementation of the rule of law is supported by the coercive power of the state, morality refers to the conscience of the individual. In case of violation of the norms of law, the types of punishment provided for by the norms of law can be applied to the guilty person, in case of violation of moral norms, only public censure is applied.

The interaction of law and morality is manifested in their interpenetration and mutual influence: the moral principles of justice, equality, humanism have become the fundamental provisions of the current legislation. Law supports the requirements of morality with legal sanctions, protecting the minimum of morality. Morality has an active impact on legal consciousness and thereby contributes to the implementation of the rule of law.

Law and custom

Custom - a rule of conduct, established in social practice as a result of repeated application. Customs are understood as established traditions, rituals, rituals that have social significance. Customs are formed within the framework of the life of the people, professional and other groups. Customs are historically the first group of social norms that emerge simultaneously with society. Customs represent a certain result of life activity, social experience. The most ancient law arose mainly from customs that were sanctioned by the state, acquiring a legal character. Customs are rules of conduct, “which are not consciously, much less purposefully established or sanctioned by anyone. They are formed spontaneously, in the process of social practice and everyday life of people ... as a result of a very long, frequent, repeated repetition of the same actions by the same persons or groups (groups) of persons. One-time or episodic actions do not and cannot create customs.

The similarity of the norms of law and customs lies in the fact that law and customs are a set of norms aimed at regulating social relations. The difference between the norms of law and customs is that the sphere of regulation of law includes a much larger part of social relations compared to customs. The mutual influence of law and customs lies in the fact that progressive customs are stimulated by law, influencing law. In particular, the civil law of the Russian Federation recognizes business practices as. The share of business habits that are sources in their content Russian law, increases. Legal customs are widely used in international public and private law.

Legal norms can support socially valuable customs, create the most favorable treatment for them, but legal norms must also prohibit socially harmful practices. In a number of cases, laws show a neutral attitude towards those customs that are not of a particularly socially valuable or harmful nature. In the field of everyday, family, religious relations, customs and traditions are manifested in rites and rituals, occupying a significant place in the system of normative regulators of social behavior.

Law and religious norms

The similarity of the norms of law and religious norms has practically the same features as the similarity of the norms of law and moral norms, and is expressed in normativity (a set of certain norms that are a model, the scale of people's behavior); universality (these norms apply to public relations); commonality of law and religion (in the normative-value criteria of lawful and unlawful). At the same time, there are fundamental differences between law and religion. The prescriptions of a particular religion apply only to persons professing a particular religion. On the other hand, the modern law of European countries has been largely influenced by Christianity. For example, the equality of men and women was enshrined in law thanks to the ideas and norms of the New Testament. Currently, a number of Muslim countries widely use Sharia law in the practice of regulatory regulation. The influence of religious norms on law is clearly seen in the analysis of the structural elements of modern legal systems (Anglo-Saxon, Romano-Germanic, Slavic, Muslim, etc.). At present, it is customary to single out families of religious law, where religious norms and values are the main ones, there is a close interweaving of legal provisions with religious rules, legal acts are of secondary importance, law is largely based on a system of religious duties, and the Divine origin of law is recognized.

The Constitution of the Russian Federation, the Federal Law "On Freedom of Conscience" guarantee in Russia freedom of conscience and religion, equality of confessions, the possibility for believers to replace military service with alternative civil service. The Criminal Code of the Russian Federation establishes criminal liability for obstructing the exercise of the right to freedom of conscience and religion. At the same time, the legislation prohibits the activities of totalitarian sects and occult religions that suppress the individual. In accordance with the law "On public associations", there is a rule prohibiting the activities of religious organizations if it is associated with manifestations of violence against a person and other harm to life, health, or with inducing citizens to refuse to perform civic duties. Participation in the activities of such religious organizations is a criminal offense.

Religious norms, religious (spiritual) power in the world have not ceased to influence society and state power. At present, for example, constitutional monarchies largely use individual religious norms and traditions, even at the level of state law. British law recognizes the monarch as both head of state and head of the Church, not to mention the fact that in many countries of the world separate Religious holidays are considered and public holidays. The Church is allowed to participate in general social activities. In Greece, for example, the status of the Church is regulated at the constitutional level, the special position of the Orthodox denomination is fixed in comparison with others, the religious text of the oath of the head of state is established, etc. In most countries of the world, and above all in Muslim states, religious norms are one of the main sources of law .

Law and corporate regulations

Corporate norms are the rules of conduct established by various organizations in their acts and protected by social impact measures; this is a special kind of social norms designed to regulate the relations that develop between members and participants of these organizations.

Corporate norms regulate only the internal relations of these organizations. These norms express the will of the participants in public associations, the competence, the scope of the rights and obligations of their members, etc. The common features of the norms of law and the norms of public organizations are that they contain clear, detailed rules of conduct, are enshrined in special acts and represent a system of norms. Corporate regulations are similar to legal regulations in that they are binding, have a fixed set of protections.

The difference between legal and corporate norms lies in the fact that the norms of law are adopted by the state and are provided by its coercive force, while the norms of public organizations are adopted by them independently. Rules of law take precedence over corporate norms. “Corporate norms regulate only the internal tasks and goals of a given public organization, the competence of bodies, their rights and obligations, the procedure for joining and leaving this organization, guarantees for compliance with the norms (in particular, measures of public influence).”

The influence of law on corporate norms is determined by the nature and limits of its regulation of the activities of public associations. The Law "On Public Associations" provides that non-compliance with the statutory norms or the activities of associations that contradict the norms of the statutes are grounds for suspension and liquidation of the activities of a public association.

Legal and corporate norms can interact with each other in the field of establishing the legal capacity of various organizations. Corporate norms of public organizations may be contained in acts issued jointly with state bodies. In this case, they acquire the value of a normative legal act. In the event of legal conflicts, of course, corporate norms cannot in any case take precedence over legal norms.

Social and technical norms

The system of social norms is the rules of conduct used to regulate social relations. These include legal, moral, religious, customary, corporate norms, etc. Social norms are the rules of socially significant behavior of people.

The system of technical norms is a set of norms that define the rules for the rational handling of tools, objects of the material world as a whole. Features of technical norms are in a special subject of regulation, the "subjective" composition is associated not only with people, but also with the outside world, nature and technology. To the technical standards broad sense include norms regulating relations such as "man - machine", "man - production", "man - nature", etc. The main difference between technical norms is that they regulate relations between people and the outside world (nature and technology). There are some groups of technical norms that are enshrined in legislation, turning into norms of a technical and legal nature. These standards include - technical specifications (TU), various GOSTs, rules (safety, operation of transport, equipment), pollution indices environment and others. For violations of these norms, legal liability is established: property, administrative, criminal.

Trying to understand what law is and what is its role in the life of society, even Roman lawyers paid attention to the fact that it is not limited to any one sense. Right, wrote one of them (Paul), is used in at least two senses.

First, law means that which is "always just and good," that is, natural law.

Secondly, law is that which "is useful to all or many in any state, what is civil law."

Law is a social phenomenon, it is a side, a "part" of society, or, as Hegel liked to say, its "moment".

In domestic legal history, there is a complex evolution of law. Over time, ideas about law, theory and concept have changed. At the end XIX - the beginning of the twentieth century. legal scholars associated the predominantly coercive influence of the state, awareness of dependence on power, etc. with law. In the 20s XX in. an understanding of law as a social relation, as an actual legal order is being formed, which reflected the creation of a new socialist law. In the 1930s and 1940s, a normative definition of law was developed, which turned out to be very stable. But in the 1950s, broader ideas about law developed again, in which, in addition to norms, legal relations and legal consciousness were also distinguished.

A radical change in the social system in our country in the 90s leads to a change in views on law. On the one hand, scientific developments in the field of philosophy of law are expanding, when, along with positive law, the principles of natural law are more sharply distinguished and a distinction is made between law and law. On the other hand, the former normative concept of law is preserved and enriched. Let us refer to a typical definition of law as a system of generally binding, formally defined norms that express the state will of society and are provided by the state, aimed at regulating people's behavior in accordance with the socio-economic, political and spiritual foundations of society. .

The enrichment of legal understanding allows us to propose a definition of law that takes into account the above approaches and new social and international practice. Law is legal views and positions that express social interests and are enshrined in a system of generally binding principles and rules of conduct established by the state and international structures and regulating social relations, provided by the state and institutions of civil society and the world community.

But law is not an abstract concept that exists only in the theoretical ideas of legal scholars. It finds a dual expression. Law acts primarily as a general (typical) sense of justice and as a legal science.

Law is not a frozen formalized set of rules. It changes with the development of society and the state. The attitude towards him is also changing. Our country is going through one of the most dramatic and controversial periods in its history. The new ideology entered into a sharp duel with the concepts, political and economic systems of the previous stage of development. The country faces a painful choice. Should we preserve the former way of collectivist life or form a personal-individualistic system and market relations in the economy? Which way should the state go? Will the ongoing reforms receive public support and will they produce the desired results?

In the legal literature, both domestic and foreign, there is no single approach to the definition of the concept of law, and even more so an unambiguous idea about it.

If we compare the definitions of the concept of law and approaches to its study, characteristic of the Soviet period, with the definitions of the concept of law and approaches to its knowledge in the post-Soviet period, then it is easy to see that the most important feature of both approaches is either categorical recognition, or just as resolute denial of the class character of law. The first ones are built on strictly class postulates, on the idea of the state and law as means, tools in the hands of the ruling class or classes. The latter, tacitly rejecting classism, appeal to universal human values and interests, or to "the general and individual interests of the country's population."

As an example of a purely class approach to the definition of the concept of law, one can refer to a rather typical definition, according to which law is considered as "a set of norms established and protected by the state, expressing the will of the ruling class, the content of which is determined by the material conditions of life of this class." Or the definition of law as a system of mandatory regulation of people's behavior, "supported by the state and expressing the materially conditioned will of the ruling classes (under socialism - the will of the people)".

An example of a non-class or supra-class approach to the definition of the concept of law is the definition, according to which it is considered as "a system of generally binding rules of conduct that are established and protected by the state, express the general and individual interests of the country's population and act as a state regulator of public relations."

Of course, in the field of law, as well as in other areas of state or public life, no one can claim the ultimate truth in establishing criteria for the correctness of approaches to the study and definition of the concept of certain phenomena, not excluding the law itself.

Is it possible to successfully overcome the negative aspects of multiplicity, or rather, the well-known fragmentation or even inconsistency of the definitions of the concept of law?

In the domestic and foreign legal literature, attempts of a similar nature have been made, and repeatedly. It was noted, in particular, that the general definition of law, if it is correctly formulated, has the undoubted theoretical and practical value that it focuses on the main and decisive features characteristic of law in general and distinguishing law from other, related, non-legal social phenomena. However, right there, and not without reason, it was stipulated that in the process of studying law and its application, one cannot confine oneself to “only a general definition of the concept of law”, since it cannot receive “its direct reflection” that are very important for a deep understanding of law and its practice. application "specific moments inherent in one or another historical type rights". The specific features of, for example, slave-owning or feudal law can hardly be reflected in a general concept that would also "absorb" at least some of the specific features of modern legal systems or types of law.

Specific features characterize only particular definitions of the concept of law, reflecting, respectively, the specific features and features of slave-owning, feudal or any other law. As for the general definition of the concept of law, it can be formed, based on its name and purpose, only from the most general features. Because of this, it will inevitably be too general, overly abstract, of little use for the successful solution of theoretical problems and the achievement of practical goals.

So, The most effective and, therefore, the most acceptable means of overcoming the negative consequences of the multiplicity and inconsistency of the definition of law and approaches to it is to identify and consider its most important features. As for the most theoretically and practically acceptable definition of law, in the author's opinion, it could be the definition according to which law is understood as "a system of universally binding, formally defined norms provided by the state and aimed at regulating people's behavior in accordance with accepted in a given society, the foundations of socio-economic, political and spiritual life.

1. Law is primarily a set, or rather, a system of norms. This is not a random set of random norms, but a strictly adjusted, ordered system of well-defined rules of behavior. Like any other system, it consists of single-order, interconnected and interacting elements. These are the rules of law, or rules of conduct. The system must be internally unified and consistent. The links that arise between its structural elements - the norms, as well as the norms themselves, should be aimed at performing strictly defined, regulatory and other functions, at achieving common goals. To become effective and efficient, law must develop as a holistic, organic system. This is one of the indispensable requirements and at the same time one of the signs of real, valid law.

2. Law is not just a system of norms, but a system of norms established or sanctioned by the state. There are many systems of social norms in the world. But only the system of legal norms comes from the state. All the rest are created and developed by non-state - public, party and other bodies and organizations.

By creating the rules of law, the state acts directly, through its authorized bodies, or indirectly, by transferring some of its powers to issue certain legal acts to non-state bodies or organizations. In the latter case, one speaks of "sanctioning", that is, giving permission by the state to carry out limited law-making activities for these non-state bodies and organizations.

3. Law always expresses the state will as its basis, which in turn, according to various concepts existing in domestic and foreign legal science, embodies the will of a class, ruling group, people, society or nation.

4. Law is a system of norms, or rules of conduct, of a generally binding nature. General obligatoriness means that all members of society will certainly fulfill the requirements contained in the rules of law. The obligatory nature of the norm of law arises along with it, develops, changes and ceases. G. Kelsen quite reasonably believed that "the rule of law is a rule of conduct, according to which this or that person (group of persons) must act in a certain direction, regardless of whether he wants to behave in this way or not."

Obligation as a sign of law extends not only to "ordinary" citizens, officials, various non-state bodies and organizations, but also to the state itself.

5. The right is protected and ensured by the state, and in case of violation of the requirements contained in the rules of law, state coercion is applied. The state cannot be indifferent to the norms issued or sanctioned by it.

It makes great efforts to implement them, protects them from violations and guarantees them. One of the widely used methods for this is state coercion. It should be applied only by authorized bodies acting strictly within the framework of the law, on the basis of the law, and also in accordance with the procedural rules provided for by it.

In recent years, there have been many changes in all spheres of our lives, which have put state institutions and the legal system to the test.

Therefore, one of the tasks of modern law, as a regulator of social relations, is the formation of conflict of laws.

See: V.S. Nersesyants. Philosophy of law. Textbook for high schools. - M., In-fra-M-Norma, 1997, p. 7-28.

Right It is a system of obligatory social norms protected by the power of the state. With the help of law, state power regulates the behavior of people and their teams, has a legal impact on the development of social relations throughout society.

Natural Law Theory: the right is not created by anyone. It arose objectively, as a product of activity, from the very nature of man, society. In this sense, law is a model and criterion of justice, it is a set of rights and freedoms (the right to life, liberty, inviolability) belonging to every person from birth.

Law consists of various parts, structural elements, among which are the main ones: the rules of law, institutions of law, branches of law.

Subjects of law: individuals(citizens) and legal entities (firms, organizations, state).

legal relations arise only between subjects of law in connection with the prescriptions of the rules of law, suggest the existence of rights and obligations for their participants.

legal fact- circumstances provided for by the rule of law that serve as the basis for the emergence, change, termination of legal relations. Legal facts are divided into events and actions.

Events- legally significant facts that do not depend on the will of a person: the natural death of a person, damage to property as a result of a natural disaster. Actions- legal facts that depend on the will of a person (lawful and illegal actions).

Signs of subjects of law: legal capacity, legal capacity.

Legal capacity- the ability of a citizen to have rights and obligations, arises from birth, ceases with death.

legal capacity- this is the ability of a citizen to exercise rights and obligations by his actions (from 6 to 14 years old - low legal capacity,

from 14 to 18 years old - incomplete legal capacity, from 18 years old - full legal capacity).

Reducing the age of capacity can be in the case of marriage before the age of 18, bringing to criminal responsibility from the age of 14 or 16, as well as the emancipation of minors. Emancipation- declaration of a minor (16-17 years old) as fully capable, with the consent of the parents and with his own source of income.

Sources (forms) of law

1. Legal custom - a rule of conduct that has developed in society and sanctioned by the state.

2. Judicial precedent - a decision in a case, which subsequently became a model for other similar cases. It is applied in the absence of the necessary legal norm in the legislation of the country.

3. Regulatory act - an official document that is created by state bodies and contains generally binding norms:

- constitution: has the highest legal force, fixes the values, institutions, norms of the country's social system. All regulations adopted in the country must comply with it.

– federal laws;

– by-laws: decrees of the President; resolutions and orders of the Government; decrees, orders, instructions, resolutions of ministries, state committees and departments; laws of subjects of the Russian Federation.

4. A regulatory contract is created by agreement of the parties between individuals and legal entities (employment contract, marriage contract).

The meanings of the concept of "law"

I. Human rights- social opportunities that provide a person with a certain standard of living. As a rule, rights are understood as natural, inalienable rights that belong to a person from birth (personal, political, economic, social, cultural rights).

II. Rule of law- this is a generally binding formally defined rule of conduct, established and provided by society and the state, fixed and published in official acts, aimed at regulating the public rights and obligations of their participants.

The structure of the rule of law: hypothesis(pointing to life circumstances entry into force) disposition(the very rule of behavior of participants in regulated relations indicates its essence and content, the rights and obligations of subjects), sanction(determines the adverse consequences for the participants in public relations that occur if the latter violate the instructions of the disposition).

III. Institute of Law is a group of interconnected single-order legal norms that is objectively isolated within a particular industry. The institution of law regulates only one aspect of social relations within any sphere, branch of law: the institution of hiring and dismissal, the institution of labor discipline, etc.

IV. Branch of law- a set of interrelated legal norms and institutions that regulate a whole sphere of homogeneous social relations (there are more than 30 branches of law in the legal system of the Russian Federation):

– material law: civil, family, labor, administrative, criminal, constitutional, financial, tax, customs, trade, land, agricultural, environmental law.

– procedural law: civil procedural, administrative procedural, criminal procedural, criminal executive, constitutional proceedings, etc.

V. Part of the system of current law(super branches of law).

public law regulates relations between the state and citizens, social groups, as well as between state bodies. to public law include constitutional, administrative, criminal, criminal procedure, financial, international public law, international humanitarian law.

Private right provides the private interest of an individual, social groups. Private law relations are based on freedom of contract and legal equality of participants. The state also acts in the sphere of private law, but already as a private person. basis private law is civil law, as well as labor, family, private international law.

eternal questions