study values and spirit of the law in public life requires a fairly broad approach to legal phenomena themselves as such in all their diversity, taking into account the degree of interaction with each other.Equally important are the functional properties of these phenomena with respect to the society, human state.
Jurisprudence provides two different concepts of the legal system - wide and narrow.The second case refers to the national structure, and a first set of multiple structures.In this broader sense it requires that the system of legal sources, methods, basic legal concepts and methods of their development have a common origin.
There are three groups of elements common to all structures.
The first is the legal principles, norms and institutions.This group reflects the regulatory side.
The second attribute set of legal institutions.These elements represent organizational side.
The third group includes a set of views, ideas and concepts which are peculiar to the existing society.It expresses the cultural side.
These components are used as evaluation criteria in characterizing the legal systems.All of these elements in one degree or another determine the nature of the structures.
Anglo-Saxon legal system.Feature
The composition of this structure includes a precedent, which for a long time attached great importance.But now he is almost as good as other standards.Also precedent, the Anglo-Saxon legal system includes norms of statutory and customary law.
In determining the regulatory framework of the legislation in this structure is marked not only the originality of the rules according to the type, form of presentation.The Anglo-Saxon legal system is characterized by the virtual absence of industry standards division of legislative structure.In other words, the boundaries between sectors are quite blurred.
The structure of the legislation in a certain way affected the organizational aspect of the legal system.It should be noted that since ancient times, the main legislative body in this structure is the judicial body.This is due to the fact that the Anglo-Saxon legal system has evolved under the influence of precedent.He, in turn, formed under judicial consideration of certain situations.Thus, the decision taken by the judge, became a precedent, and all these things similar or later had to be resolved in accordance with the provisions of this rule.
Anglo-Saxon legal system does not provide for the presence of executive authorities of the right to engage in norm-setting.This is allowed only under certain conditions.It rulemaking allowed delegating this right directly to Parliament.
cultural characteristics describe the regulatory framework is also significantly influenced by precedent.The legal views of the system set up in accordance with a special rule-making process.Due to the fact that the formation of standards is carried out not by law, and in making concrete decisions on certain matters by one person, the regulatory culture in the society is based not only on respect for the law, and to a greater extent on respect for justice that lies at the heart of decision-making.
Glasson According to the lawyer, the above-described regulatory structure is based primarily on the barbaric customs.This system (when viewed in its pure form) is a nothing more than as a distinct family law.
