modern relations in society are inconceivable without the establishment of certain rules of interaction, which sometimes take very complex forms.So quite naturally raises the question of what is right and how it is needed?
set of views on a single
classical formulation, is obliged to give explanations about what is right, says: "This is a common standards recognized by society and the state, designed to regulate the relations in them."The definition is quite vague and do not absorb all the aspects of such a complex phenomenon.Therefore it needs to be adjusted.
Throughout the existence of human civilization, people have tried to establish the scope of permissible behavior.Initially, it was custom, that is,Rules created by the repeated application.After their place was the leaders of the solutions that have been transformed with the advent of the state laws.Based on this logical sequence, it can be concluded that the right - is a set of custom, solutions and laws.Again controversial definition as excluded interstate dimension of the relationship, such as the military or trade.And, then, out of focus remain whole "layers" of regulators, such as, for example, international trade law.In this case, better to turn to the theories explaining the essence of the right.
theory of law - 5 scientific views on the problem
Lawyers has still not developed a consensus as to what constitutes the right.At this time in the science of common 5 main theories that have been successfully used in the world today.
Psychological Theory of Law .It is of this phenomenon in terms of the division into positive and intuitive right.Thus, the positive law - all behaviors that come from the state and its structures.Intuitive is a reaction, a certain effective relation of the individual to the established rules.Accordingly, the right appears here in the role of a specific regulator cultural relations.
natural law theory .Based on the fact that the right should be a set of rules, which are a reflection of human nature is just the beginning.The theory section of the law and the right, and a positive start to the natural law, as well as the principle of morality in the law.
Normativistskaya theory also determined that the law - this is just the rules set by the State and its institutions.
positivist theory believes that the answer to the question that such a right may serve wording: right - a domineering will of the state.Unlike the previous theory in which provisions of the law include both natural law, given the individual acts derived from the subject of the state.
socialist theory states that the right is inherently a material fixing prevailing social relations, regardless of nationality or geographic factors.And because all the participants and their subjective rights and duties must be included in the phenomenon in question.
As can be seen, in all five theories contain some elements that reflect the real situation in the field of jurisprudence.However, none of them does not give a precise answer to the question.And so it seems appropriate to combine them.
So, so what right?This mechanism, which is based on the natural rights of man, the regulation of its relationship with other people and the state embodied by the binding norms.
