The time has come to consider the concept and essence of law. What is most often meant by it? A modern understanding of law is based on the fact that it is a system of formally defined, generally binding norms in which state will is expressed based on the interests of the people. The nature of this will is universal, class. Modern concepts of law claim that it is something formed on justice, equality, unity. However, many are still convinced that law is not freedom, but one of the mechanisms of enslaving people. There are not so few views.
The concept and essence of law
The law is called upon to regulate social relations, to ensure that no one could ever encroach on human freedom . The same goes for people's property. The right drives us into certain frameworks that are created so that we are protected and secured. But the law limits us in many ways? Yes, the rights of some end where the rights of others begin. You can’t cross the line, but it’s for the better.
Let us finally consider the concept and essence of law. Of course, law should have a mandatory state-will character. His class and universal essence is manifested precisely in this. Yes, it is believed that law expresses the will of the people. What determines this will? In most cases, the economic conditions of life. Slightly less influenced by natural, spiritual, and so on. Agree that justice is also a rather relative concept. At different times, it was given different meanings.
The institute of representative power appeared long ago. Thanks to him, the people's will was able to be embodied in a law that has a universally binding character.
Public will becomes the will of the state. The latter has the following symptoms:
- it should stimulate all kinds of claims and interests of the population;
- it should not be dependent on the interests of individuals, associations, strata, groups and so on;
- It must be guarded by specially created bodies.
Considering the concept and essence of law, it is worth saying that its nature is normative. This is due to the manifestation of it in real life. It is represented by a combination of different legal norms. The normative expression is very important, since the will embodied in the law will not have any legal force.
The state must be in a certain connection with law. It manifests itself in the fact that the state has the ability to resort only to those coercive measures that do not contradict the law. In principle, this applies only to the rule of law, which really takes into account existing laws.
The right is generally binding. This means that laws are created for everyone and there should not be individuals who would not be subject to the adopted and authorized norms.
The formal certainty of law is important. In this case, it is characterized by:
- the specific structure of norms (they consist of a hypothesis, disposition, as well as sanctions);
- connection with the duties that must be performed in order to be the owner of the right;
- The legal technique by which the rules are drawn up.
The state concludes the rules of law in certain forms, which are ways of expressing its will. NLA (i.e. a legal act) is the main form of law. NAPs may vary. Of course, the most significant of them in our country (as in many others) is precisely the Constitution.
Law has a regulatory power. Yes, it is a sufficiently powerful regulator of social relations, which is necessary for order to exist.