true origin of rights is unknown until now.Of course, there are many plausible theories, but none of them is accepted by one and all.
origin and essence of the right
Below are the basic theory.In order to understand what is right, it is necessary to study the characteristics of each of them.
legal positivism
This trend in jurisprudence is very important and significant.John Austin - its progenitor.In this case, the right is considered to be the command of the governor, that is a man standing in office.The commands, in principle, can not come from a particular person, but from the body with a public authority.
Positive law is valid only when the people are ready to obey him.State power is specific.The positive can be called only those laws which require the laying of specific duties.As well as the presence of certain sanctions, which will come if these obligations are not fulfilled.
law creates one who can create it, and this means that the execution of it is mandatory.
Sociological Theory
There it is in the "free right".It is connected with the fact that the right to develop, depending on the condition of the society.There are certain people who are called to find out the citizens' needs and translate them into law.According to this theory, the origin of the rights due to the fact that we all have needs, the satisfaction of which leads to the well-being of society.
In this case, a major role has case law.Judges - it's the people who know what it takes to citizens.Their opinion has great credibility.Precedent - the most important source of law.
Psychological Theory of Law
right here considered to be something that is in the human mind.Representatives of this theory argue that the origin of the rights associated with emotional and intellectual processes are constantly taking place in the psyche of individuals.
very essence of the right is determined by the psyche of individuals.This means that people who have the right to create laws should take into account the social psychology of individuals.Effective right - a right that is properly perceived, acting on the person on a subconscious level.
theory of natural law
It involves the fact that the origin of the right is not associated with any human characteristics, that it is based on the laws of nature.It naturally belongs to us from birth.
representatives of the theory believe that there are certain forces that are completely invisible inclines us to perform certain actions required for the well-being of society.
natural right - that is what gave people a certain setting, which helped to achieve all that we have today.They determine our development, improvement and so on.Natural law has a direct connection with morality, which seems certain basis.
Marxist theory
It is also called a class.It is based on the fact that the law is intended to ensure that needs are not all men, but only the ruling class, that is the will of the rulers, which was embodied in the law.What's going on in the country, primarily due to the economic situation.The economy, as well as the ratio of the property - it is something on which everything is built.
patriarchal theory of the origin of the state and law
Society - is a semblance of family.The family - the head of his father.In ancient times, people lived by certain groups that have changed, combined, is growing.In each such group was the elder, whom everyone recognized father of a family.The origin of law and the state is related to the time when these groups have become too large.
