Law, like any other tool, has special characteristics of the impact, which are methods, techniques and means. Their combination formed a special institution - “Methods of Legal Regulation”.
The concept of species
The state as a participant in relations in human society stands apart in terms of a set of possible instruments of behavior. This situation is expressed in what methods of legal regulation it uses.
In order to understand what their essence is, it is necessary to derive the main characteristics of this phenomenon. So, legal regulation is an opportunity to influence the relations developing within the framework of a certain community in a strictly defined territory. Such an impact can be both indicative and recommendatory. The first type was called imperative, and the second - dispositivity.
The imperative method of legal regulation is that the state establishes a clearly defined model of behavior in a specific situation. A dispositive method provides participants in a relationship with a choice between two or more behaviors. Moreover, if in the first case the failure to comply with this rule is strictly prosecuted, then in the second case, the participants are free to do as established by the framework of the law.
The two main methods presented are not the only way to regulate public relations in a particular country. Some jurists identify seven additional methods. But, as a rule, they to one degree or another reflect the first two. For example, the method of permissions, prohibitions and obligations. This view reflects the combination of imperative and dispositive in the best way possible. So, permissions are mostly dispositive, while obligations and prohibitions are a classic imperative method of legal regulation. In addition, the presented example does not reflect the method, but only part of it - the method.
Methods of legal regulation
In its practice, the state uses a whole set of methods, means and techniques that allow it to fulfill its main function - to carry out effective management of the affairs of the society living on its territory. But nevertheless, the main in the presented totality are the methods of legal regulation.
Speaking of them, three main actions are always implied, as already noted earlier - permission, obligation and prohibition. Moreover, the methods of legal regulation can use either one of them or combine them.
Permission is a regulatory method in which the state determines that an individual or group has the right to perform an action. To a greater extent, permission is characteristic of the dispositive method. However, there is an opinion that in a small part it is also characteristic of the imperative. So, this is best reflected in the sanction, when the judicial authority is given a choice, which, depending on the degree of guilt, should be sentenced. But this is just a private example.
Obligation is a way in which the state apparatus forces an individual to act in a certain way. In the event of a proven departure from the instructions, the person is guilty and, as a result, punishment ensues.
The ban is an extreme measure applied by the state. As a rule, it is established in relation to situations vital to society and the state. A striking example of prohibitions are the norms of criminal law in its material part.
Both obligation and prohibition are ways that characterize only imperative methods of legal regulation.
As you can see, jurists clearly agree on what should be attributed to the methods. But the methods of legal regulation cause them clear differences of opinion. And therefore, it is necessary to correctly define the latest concepts and clearly adhere to the fact that the method of legal regulation is always a combination of three principles: method, means and method. And therefore, it is not allowed to interchange it and its components.