Managing society at all times has been a challenge. After all, society is a holistic structure consisting of a large number of people, each of which is an individual. Moreover, management can be based on completely different methods, methods and principles. For example, such a regulator of social relations as religion, built its strength on the dogmatic norms of the Holy Scriptures. However, it is completely ineffective in a developing society, because the action extends exclusively to believers.
But an effective regulator of public relations was still found. That is right today. It is a collection of certain rules of conduct endowed with an official character. The law extends its effect through such constructions as norms. Moreover, the latter elements are not uniform. There are two types of legal norms: peremptory and dispositive. They come out of two main methods of legal regulation. The latter, dispositive, has many features. It is manifested in the norms of many legal sectors today.
The rule of law: concept
As mentioned earlier, the legal sphere has its own implementation mechanism. Its basis is the rule of law. But the question arises: what are they? A rule of law is a rule of conduct in which the capabilities and responsibilities of people are fixed. But, as we understand it, far from all the rules can have a presented status. For it to exist, the norm must be official. It should come from government bodies and be recognized by them. Taken together, rules of conduct of this kind govern various types of legal relations that are part of a particular industry.
Signs of Norms
Talking about the rule as an official form of manifestation of the law is possible only if it is characterized by a number of signs. That is, the rule of law is such if all the features of this legal phenomenon are inherent in it:
- All official rules of conduct are general. In other words, there is no single addressee for their action. Relations regulated by the rule of law are typically typical and homogeneous.
- Legal norms are generally binding on everyone.
- The official rules of conduct are as specific as possible, which facilitates their use in the process of legal implementation.
- The rules of law are fixed in official regulations. For example, in laws, decrees, constitutions, etc.
- A rule of law is a system consisting of hypothesis, disposition and sanction.
Types of legal norms
It should be noted that the legal phenomenon mentioned in the article has a large number of species interpretations. As mentioned earlier, there are two opposite methods of legal regulation. They determine the existence of dispositive and peremptory norms. But in this case, both the method and the rules of behavior are the initial elements of the concept of dispositivity, which is a fairly multifaceted phenomenon.
The concept of dispositivity
In jurisprudence, there are many terms that can be decrypted in several ways. The category of dispositivity is such a concept. For a long time, scientists argued what exactly characterizes this term. To date, there are three main views on the issue of dispositivity:
- First of all, this concept characterizes one of the methods of legal regulation. It is used to coordinate legal relations of one direction or another within the framework of any legal branches. The dispositive method implies the presence of freedom of the parties in specific situations. Its direct opposite is an imperative way of regulation. It clearly spells out all the activities of subjects of legal relations. However, they cannot depart from the established official framework.
- A dispositive rule of law is another interpretation of the concept of the same name. Such rules of conduct apply in cases where the parties to the legal relationship have not established other principles for their activities. That is, such rules are repealed by the general decision of the subjects.
- There is also the principle of dispositivity. It is inherent in civil law. It is a real, unlimited opportunity for subjects to dispose of their rights and protect them from any kind of encroachment.
Thus, dispositiveness is the possibility of independent formation of one's own legal regime. To better understand the features of this phenomenon, it is necessary to consider in more detail all its manifestations.
The dispositive method: features and industries of use
The method of legal regulation is a set of methods, techniques and specific means by which society can be regulated and directed. In the process of social coordination, this phenomenon plays a rather significant role. Thanks to this, the law forms the main social foundations. The dispositive method in this case is a conditional framework that people must observe. However, legal entities can legally determine the behaviors that are acceptable to them in specific conditions. If any issues between the parties are not resolved, then the previously created legal norms do it for them. It should be noted that the dispositive method is used in the branches of private law. It is characterized by equality of subjects.
Type of legal rules of a dispositive nature
A dispositive rule of law is, as we have found out, a rule of behavior that establishes general trends on a particular issue in specific legal relations. In other words, such a norm outlines only an approximate plot of the activities of the parties. They, in turn, have every right to refuse to comply with the requirements of a particular rule and create their own line of behavior.
However, a deviation from the norm does not mean that the parties are completely free in their actions. Yes, they can choose their rights. However, they must do this within the framework established by law. An excellent example of a dispositive norm is the ability of anyone to sue. In case of violation of rights, someone can contact the appropriate authority for protection, but he is not obliged to do this if we are talking about a civil process. But in the exercise of this right, a person should use the services of exclusively judicial bodies.
Dispositive norms in various legal sectors
In the system of jurisprudence there are a large number of different areas of regulation. All of them differ in the type of legal relations that are directly coordinated. The most explicit and frequently used are the dispositive norms of civil law. Their existence is due to the fundamental idea of equality of arms, which is presented in the industry. The second important factor can be called the very specificity of civil law. The scope of its competence includes contractual, obligatory, inherited and other similar legal relations. There initially cannot be an imperious command. Dispositive norms also exist in the industry, which proceeds from the basic law. In this case, we are talking about the Constitution.
Dispositive norms in constitutional law are rules that determine the ability of subjects to commit or not to perform certain actions. For example, according to the provisions of the basic law of the Russian Federation, republics have the opportunity to establish their own language on a par with the state language. That is, the difference between the dispositive norms of the civil industry from the constitutional ones is that in the first case, subjects can only accept or refuse specific opportunities, and in the second - personally create their own legal regime.
Imperative and dispositive family law
The most controversial in terms of regulation of relations is the industry that is most closely associated with the activities of people. This is family law. The regulatory method in the context of this sphere is manifested in two ways. On the one hand, the emergence of family relations is real only if there are specific reasons, for example, marriage, etc. But if you look at the industry from a different perspective, it becomes clear that it has a certain subjective freedom. Dispositive legal norms include family law, affecting issues of agreement between entities. An excellent example is the legal regime of a marriage contract, in which the parties determine the scope of their behavior.
Disposability: principle
Almost all modern industries are built on certain fundamental principles - principles. A dispositive rule of law is in most cases a direct manifestation of one of the foundations of a particular sphere of regulation. In other words, rules of conduct of this type exist if the fundamental principles of the industry allow equality and independence of the parties in some cases.
The principle of discretion is perfectly manifested in civil and procedural law. That is, these areas initially assume the independence of the subjects. However, many scientists deny the presence of any freedom in the process environment. They argue that this is not possible, since the main subject of such relations is the court. However, there are a number of points that reveal the content of procedural dispositivity.
Civil Liberties
Imperative and dispositive norms of law are equally present in civilistic procedural activities. However, the freedom of legal relations has its content, which is due to the following aspects:
- The claims are determined by a particular party.
- A civil case is instituted after a lawsuit is filed.
- Cassation and appeal are possible at the request of the parties.
- The requirement to enforce the act is submitted by one of the parties.
Given the features presented, it can be argued that the dispositive rules of law, examples of which exist in other sectors, exist in the procedural sphere of a civilian orientation.
Conclusion
So, a dispositive rule of law is a rule of conduct that allows freedom of parties in specific legal relations. But in some legal sectors, the presence of liberties is unacceptable, as this can affect the lives of people and their inherent capabilities.