Order and discipline in society can be ensured through two main regulators: violence and the dictates of power. The first method, violence, is actively used in some states to this day. However, one significant drawback of this approach to the organization of order in the country should be noted, namely: the society is afraid of power, but does not have respect for the laws that it preaches. As a result of this, a violent form of regulation has a rather short lifespan. As for the state’s decree, this method can exist both on an independent basis and in symbiosis with a violent method. Thanks to him, state power will not only exert influence, but also enjoy unprecedented authority. To date, the way of dictating power in the country is manifested due to the existence of law and its individual, most insignificant elements, whose role is great. Thus, the article will discuss the rule of law as a way of regulating society and all social relations that arise in it.
The rule of law: the history of the formation of the category
Modern law has a fairly rich history. It was formed throughout the entire time of human existence. The rule of law is its integral element, therefore the path of its formation, formation and development is directly proportional to the whole history. Initially, moral standards acted as a regulator of social relations , which were formed under the pressure of the tribal system. People knew what to do, and how to do it. And for the violation of moral standards had to answer to the whole community. The problem was that one part of such a society recognized certain moral standards, while the other considered them absurd and completely unworthy of compliance.
With the development of the social structure of society and the emergence of centralized power, it became clear that a state, even a small one, cannot ensure order only through moral standards. After all, since 2000 BC, states have been formed that united many peoples under their leadership. Thus, it was necessary to create a single system of norms of behavior, binding on everyone, in other words, a common rule of law should have appeared. To do this, they took the most common moral standards, altered them and fixed them in writing in the form of state law. The most ancient monument of written rules of law are the laws of King Hammurabi, created around the 1750s BC. Substantial development was brought into the law by ancient Roman lawyers who created another ancient and fundamental source of law - “Laws of XII Tables”. The development of law takes a completely different course when religious doctrines known to us today (Islam, Buddhism, Christianity) appear in the world.
Law and Religion
Many modern legal scholars believe that the rule of law, the features of which will be presented later in the article, has largely been formed on the basis of religious beliefs. Moreover, in each individual country, a separate legal norm of law developed on the basis of that religion, which is the main one in the state.
Thus, today there is a noticeable difference between the legal systems of East and West, the Muslim, Buddhist and Christian world. The most explicit implementation of religion in law has occurred in countries where Sharia prevails. In this case, the law is directly based on religious values. More liberal legal norms are found in Christian countries. Here a significant role is played by the general level of development of social relations within society. In other words, the Christian religion is open to innovation. As for Buddhism, this teaching is more gravitated to spiritual peace, and not to the regulation of society. Therefore, its influence on law is practically zero.
Legal norm of law: modern concept
To date, scientists have developed a modern concept of the rule of law. Theorists took into account not only historical aspects, but also cultural and religious. It follows that the rule of law is a formally defined rule of conduct, which is universally binding and guaranteed by the state, which reflects the real legal freedom of a person in the country. In addition, the rule of law is the main regulator of public relations, indispensable and authorized by the government. All norms are structured and systemic, that is, they are part of a single legal body of state law. The norm itself has a certain structure, which will be discussed later in the article. The sphere of law today is so great that the norms are combined in industries, institutions and sub-institutes. All this gives each rule of law characteristic features depending on the industry in which it exists.
Rule of Law: Symptoms
In modern legal theory, there are many signs of legal norms. However, given the general nature of legal science, despite cultural and territorial differences, the most “classic” features can be distinguished. They are largely based on the characteristic structure of legal norms and their place in the general legal system of any state. Thus, the following symptoms can be distinguished:
1) Uncertainty of the final addressee. The norms govern relations that are most typical and characteristic of an individual society. They are not personified, although in some cases, for example, the right to use, the final addressee is still taken into account.
2) Legal norms are binding on everyone who is in the territory of their operation.
3) Direct communication with the state. The latter not only creates standards, but also ensures their validity and compliance with regulations.
4) The essence of the sign of formal certainty is that all the norms are enshrined in separate regulatory acts of the state of different legal force. In each of them the rights and obligations of subjects are registered.
5) Although the rules of law are interconnected, they do not contradict each other, which indicates their microsystems.
Given all of the above aspects, it should be noted a significant role in the legal system, which plays any individual rule of law. The signs largely explain why such an insignificant element is so important for the formation of the legal system of any state.
Legal Framework
When we talk about the structure of legal norms, it should be noted that it is extremely important, first of all, for the sphere of law enforcement. Thanks to the developed universal model of the structure of the rule of law, scientists have achieved significant heights in the development and creation of the most acceptable and convenient legal systems that accurately and efficiently regulate public relations. It should also be noted that the structure of the norm may vary depending on the legal industry in which it exists. However, such a “deformation” occurs only in specific industries. In all other cases, the system is triple, and it consists of the following basic elements:
- hypothesis;
- disposition;
- sanction.
It should be noted that this structure is a reference, therefore, the rules of Russian law, Ukrainian, British or American will have the same internal structure. Each element has its own characteristics, as well as types, which makes it possible to consider them not in a single system policy, but separately.
Features and types of hypothesis
It has already been pointed out earlier that the rules of law of the Russian Federation, USA, Great Britain or any other country do not differ from each other in their structure. Therefore, in almost all of them there is a hypothesis - part of a legal norm, which indicates a legal fact, a life circumstance, with the presence or absence of which the norm is directly related. In this case, the author notes the fact that, depending on the legal industry, this element may be absent. For example, the norms of administrative law and criminal law are mostly dispositional, that is, they immediately show the rights and obligations of the parties.
However, many scientists with this statement fundamentally disagree. They argue that even the norms of administrative law and criminal law contain an indication of a legal fact, because without it it is not clear which specific public relations to regulate.
Types of Hypotheses
The essence of each hypothesis determines the existence of its species. For example, depending on the number of conditions, there are:
- A simple hypothesis (contains one condition for the existence of a norm).
- A complex hypothesis (contains two or more conditions for the existence of a legal norm).
There is also a classification of hypotheses based on the concretization of the legal fact itself. According to this differentiation, the first element of a legal norm is divided into the following types, namely:
- Abstract hypotheses - show only the most characteristic and general conditions of a legal fact. In other words, attention is focused on generic facts.
- Casuistic hypotheses - are distinguished by a high degree of concretization of the case. They are mostly used in countries of the Anglo-Saxon family, where the point law reigns.
What is disposition?
The most important and truly key element of the whole structure of any norm is disposition. It enshrines those rights and obligations for which the rule was created. In essence, disposition is the norm itself. Many scientists do not attach much importance to this element, referring to the fact that it plays an exclusively informative role. Such a remark does not correspond to reality, since it is precisely due to dispositional aspects that one can speak of any influence on social relations. Simply put, it is impossible to influence people without disposition. The more understandable and accessible the rights and obligations will be described in this structural element, the more significantly the legal culture of the population of a country will increase.
Sanctions Features
Thanks to the sanction, it is possible to ensure the liability of the violator of rights or one who does not fulfill the obligations prescribed by a certain norm. However, there are sanctions that have quite favorable consequences for the subject. Such standards are called encouraging.
Thus, the sanction of a rule of law is a structural element that carries the consequences of a legal fact prescribed in the rule itself. Like the hypothesis, sanction may not be available in some industries. For example, the norms of constitutional law contain only a hypothesis and a disposition. They simply do not need a sanction, because constitutional norms consolidate the status of the highest bodies of state power and other most important structures. It follows that the norms of constitutional law do not have any consequences for subjects, both positive and negative.
Types of Sanctions
Various types of sanctions are distinguished only by the degree of certainty of this structural element of the rule of law. Thus, the following types are distinguished, for example:
- absolutely certain;
- relatively specific (within the limits of one sanction its size may vary, for example, the amount of the fine or the term of imprisonment);
- alternative sanction (such structural elements contain several favorable or unfavorable consequences of a legal fact).
In modern legal science, interest in relative or alternative sanctions prevails, because they make it possible to most accurately take into account all the subtleties of a particular life situation. Take, for example, housing law. Some norms of this industry do not contain sanctions at all, and those where this element is present are almost always alternative or relatively specific. This approach is based on the very essence of housing law. It is most closely associated with society and regulates specific legal relations.
The place of norms in the legal system
So, we examined the concept and structure of legal norms. Given all the above aspects, we can find out how the system of legal norms is formed. The fact is that all the norms are united among themselves into a single mechanism for regulating society. But for a more detailed and effective action, homogeneous norms are combined into institutions, sub-institutions. The latter, in turn, create legal sectors (criminal, administrative, civil, housing law, etc.). In addition, there is a vertical gradation of legal acts, where the norms are the “place of contact” of society and the state. In fact, a rule of law, a law, a constitution, and other acts are a structure of legal regulation in a state that is implemented through a formed legal technique.
How are norms laid down in legal acts?
Legal norms are contained in state acts of varying legal force and scope. As a rule, the norm itself does not coincide with the article or paragraph of the normative act, although in some cases these categories are identical. Two important facts to consider here:
1) The rule of law is a rule of conduct.
2) An article of a regulatory act is a form in which state will is expressed.
Thus, the presentation of legal norms in state acts may differ. There are several ways to present all the elements of a legal norm in articles of state acts, namely:
1) Direct . All structural elements are included in the article. In this case, a separate article, in fact, is the rule of law. Such articles are quite common, and they are easy to use.
2) Reference . In this case, one of the elements is absent or it is presented partially, incompletely. At the same time, there is a reference to another article of the same normative act. Norms of this kind are very often found in civil law, since it is most closely related to other industries.
3) As for the blanket method , it is the most "intricate". In many ways, it is similar to a reference one, however, in the article, the legislator refers not only to another article of the same normative act, but refers to another branch of law. There is a system of legal norms. It allows you to regulate identical legal relations with legal norms of a different nature.
So, the rule of law, the features and structure of which were presented in the article, is the smallest element of the legal system. However, its role is quite large in the process of legal regulation of public life. Many scientists today are studying this element, making it the main object of their scientific research.