Although the essence of law is sufficiently serious and difficult subject, its explanation and understanding are extremely important and necessary for understanding the essence of jurisprudence.In scientific usage, there are many different interpretations and theories that define the basic categories on which rests the right.These theories as mutually contradict and complement each other.
in Soviet science was the most common theory of positive law, which mainly highlights the norms of law, which are created by the state and support its operation.The essence of this theory is right sees established by the state and, as a rule, enshrined in written laws, legal norms and regulations.Even if the regulations issued by the government is unfair and anti-human, they still represent rules that must be followed.The huge popularity of the theory acquired in the 19th - the first half of the 20th century, but now it is successfully competing theories.
From the perspective of supporters of natural law, which has received the largest foundation in the 17-18 centuries, even though the roots of this theory go back to antiquity, the essence of the right is that it arises from the natural, innate qualities of human nature.The source of law in this concept is the theory of natural law.The most prominent of its members is an absolute principle that "go out" through the human consciousness and manifest in beliefs about what is justice, freedom, equality.These beliefs are codified as interdependent and universal natural rights that are inherent to man by its very nature, and that no one can take away from him, including the state.This theory, one of the founders of which is the famous Dutch jurist Hugo Grotius, laid the foundation of the theory of human rights.This theory is historically the earliest.
Those who share the concept of natural rights does not deny the existence of a positive right, but the nature and content of the right, they are not based on the will and needs of the state and on the protection of the individual.Therefore, they believe that the positive law that violates natural rights, even enshrined in law, in fact not a right.State only if they can be considered by the laws of a truly legal, if their writing and codification into account the criteria of natural law.Therefore, this concept is very important essential difference between law and legislation.If the latter is not covered by the natural law, the state can not be considered legal.
School of Law, based on the historical approach, criticizing the theory of natural law, which arose at the same time with her.It originated in Germany.Its representatives believed that morals and values in society are formed historically, and there are no absolute moral requirement.This is proved by the fact that at different times in different countries and regions met often completely opposite concepts of morality and public good.However, the storage and the development of society led to the formation of certain practical social norms and customs, the observance of which makes life easier and leads to stability.When people notice and isolated such rules, they secured their specific agreements, compliance with which is required of everyone.Because the essence of rights - a local and national customs, acquired the form of written contracts and laws.The state with such an approach has the function of supporting institutions, which only regulates customs.
In modern jurisprudence is currently very common basic theory of natural law, especially in the area affecting international relations and human rights, although many elements of the historical approach is also used as valid.There was also plenty of other theories that complement the main - regulatory, are invited to explore the "pure" law as a kind of hierarchical emanations rules of obligation, regardless of social and historical context;sociological, which is looking for the right content in the relations of various social groups and associations;psychological, which focuses on the emotions of the legal entity or group of people as a source of informal law, and so on.In fact, the difference between all these approaches is that each of them defines the essence of the rights established by the state standards of behavior, human relations, folding historical or legal consciousness based on universal values.
