Very often in everyday life, the legal system and the system of law recognizes identical concepts.But from the point of view of jurisprudence, these two concepts are significantly different.Let us examine them and identify the points of divergence.
system of law and legal system - general provisions
In modern science, developed a variety of approaches to the determination of the legal system.There is a genetic, historical and structural method of differentiation of the concept.
Genetic incorporates an explanation of the legal system in terms of primary and secondary criteria.At the heart of this approach lies a man, and derived the state, and society.Hence smoothly follows the designation of natural (legal establishment of the individual) and positive (legal regulation of state) law.And, accordingly, the system rights in this cut is a collection of natural and positive law.
historical method to the determination of this notion states that it is the union of the right laws, customary laws, contract law and precedent.
However, lawyers for the most part prefer the third method - structural.According to him, legal system acts as a well-regulated education, which includes industry, institutions of law and legal norms .
Legislative system , by contrast, has a unique, explicit definition.And according to him, it is a union of all law in force in the country and set out in the relevant documents .The basic elements of the legislation are differentiated on the basis of:
1) industry - labor, civil, criminal, constitutional, administrative, etc.Also, this criterion is considered to be a sign of horizontal elements;
2) void - the division made by the rules of subordination to each other.At the bottom of the pyramid are the local acts on them - by-state acts that are subject to the laws, not inconsistent with the provisions of the constitutional act;
3) in the form of the territorial structure of the country - national and local legislation, the latter has no right to contradict the first.
As can be seen, the elements of the legislation is largely different from the structural framework of the legal system.
rights system and the system of law: their relationship
Construction law is impossible without the use of legislation.So to say that the legal system and the legal system - totally different concepts, it is impossible.
rights system is built on the basis of objective reality.In fact, the rule of law, is the basic element that refers to a particular industry or institution only on the basis of its application in a particular legal relationship.But the basic element of the law - a legal act - can control several industries at once.
There is another criterion by which different legal system and legal system.The ratio is displayed on the structure and content of the article regulation and the rule of law.As you know, the rule of law is obliged to include the disposition, the hypothesis and the sanction.But in the formal consolidation (for example, in law or decree) section regulation can operate separate elements of the rule of law.In addition, one article may include several different regulatory relationships.
Consequently, a situation in which the legal system and the legal system in force considered the arguments, can not become interchangeable.
