Concept and characteristics of law in the light of legal science

regulation of public relations has always been the prerogative of the state bodies, forming a system of law.But the diversity of life sometimes sets other rules, the execution of which is ensured not coercion, but a habit.And, therefore, it is important to know the concept and features of the law, as well as any standards it develops, to separate it from other rules.For this we consider approaches to understanding, as well as the most important characteristics to be submitted by scientists - jurists.

concept of law and its symptoms

use of the term "law" is carried out in several values.First and foremost - a set of rules that govern relations in the state.Second - is the ability of the subject to act in a certain way in a strictly regimented situation, iesubjective right.The third value - is an association of specific institutions governing a large area of ​​public relations.

As you can see, the variety of use of the term "right" depends on the particular case.But the "right" in the general legal sense comprises a wide range of characteristics, or attributes, namely the following:

  1. standard - means that the rule becomes law only if it controls the common area, and not specifically to bring the situationone individual;
  2. formality - to secure certain rules of conduct as the law requires his written fixation in the form that provided for obligatory set by state regulations;
  3. system - the right to a well-structured system, which are present as the general norm, and specialized, are mechanisms for the implementation of common rules;
  4. general nature - means that the right is mandatory to use for all its citizens;
  5. bound - stems from the previous sign means that to ensure compliance with law, the State may use coercion.

Summarizing the presented symptoms, it can be deduced that

right - is a set specified in the formal order of mandatory rules of conduct that govern social relations and ensure the application of legal enforcement .

should be noted that the concept of law, and its symptoms can be transformed depending on the country.However, the characteristics presented above are recognized, regardless of the explanations submitted by law schools.

In addition, the concept of the rights and attributes can be transformed, and according to those standards, which it is filled.Consider what are they?

concept and features of the law

Unlike the concept of "rights" of the definition of "rule of law" does not tolerate the dualistic approach.As a rule, lawyers provide the following definition:

Rule of law - a social rule of conduct, the performance of which was obligatory according to its consolidation and execution of public authorities that provides a mechanism for law enforcement .

Accordingly, as the concept and features of the law does not cause ambiguity.These include:

  1. regulation of certain relations - as a rule, the rule of law governs the behavior model in one form relationships;
  2. formality - to the rule of law could be applied to make it necessary to put down in writing;
  3. universal validity - in contrast to other social norms (for example, corporate policies), the rule of law shall be binding upon all the parties involved, which it aims to regulate;
  4. establishing certain behaviors - namely, the rule of law always sets a right, a duty, a fusion of the first two factors;
  5. giving state-imperious nature - in case of default the law the state can apply the law enforcement for the implementation of the actions laid down in the norm.

These five characteristics affect not only the norm.Concept and characteristics of law folded mainly because of the way in which each listed feature is implemented.

In addition, the concept and features of the law that set the jurists of a state, largely influenced by the formation of the state as a whole.The legislature shall develop and adopt rules of law which, depending on its core direct the development of every area of ​​life on a specific path.So, a clear understanding of the definition of law is directly related to the construction of the proper state regime, and what is the value of it for the modern world order.