Throughout the history of their existence, people have sought to create a framework for themselves, or a universal regulator of social relations. They understood that without the existence of such a mechanism, the world would be constantly torn apart by wars and other civil strife. Thus, over time, moral standards in a particular society began to change. Since the creation of state structures, such norms have evolved into legal ones. At first, their difference was insignificant. But moral standards sanctioned by state power always take precedence over other behavioral models. Therefore, some ethnic characteristics of people's activities began to be supplanted by law. By the beginning of the first millennium AD, legal scholars began to appear in the open spaces of Ancient Rome, who devoted much time to studying law.
But with all the positive aspects of this category, it should be expressed in some way. To date, the most correct form of expression of law is the law. The relationship between law and law is the most interesting issue in the modern scientific world. In the process of studying this phenomenon, many questions and theoretical background arise, which will be discussed in more detail below.
Concept of law
Before considering the relationship between law and law, it is necessary to understand the essence of these concepts separately. Theorists of jurisprudence characterize law as one of the existing types of regulation of public relations. In a broad sense, the term is a system of formally defined, generally binding, state-guaranteed behavioral rules, for the failure of which special sanctions have been established.
The relationship of law and power
In any state, the essence of law is determined by legal understanding and political doctrine. In most cases, the power of a country uses the presented system of norms of behavior to control the population. Given this fact, it can be concluded that human rights are only a special framework in which a particular state allows a person to conduct their activities. In other words, regulation is aimed at the behavior of people in order to achieve the effective implementation of the country's functions. Nevertheless, many scholars with such an interpretation do not agree, referring to the fact that human rights are enshrined in international legal acts.
Concept of law
Law and law, the correlation problems of which will be discussed later in the review, need to be studied through the prism of key aspects of a particular legal system. In this article we will refer to the features of the continental legal system of the Russian Federation. In a narrow sense, a law is a normative legal act adopted by an authorized state body in a special legislative order. It has an internal structure and scope. The law regulates public relations. They are also protected through existing liability measures. Very often, laws are included in laws that actually create a legal liability mechanism. However, the relationship between law and law cannot be done through the above interpretation of the latter. Therefore, another, broader definition is distinguished.
Law - a form of expression of law
Recently, theorists of legal sciences are increasingly paying attention to the law as a form of expression of law. Such an approach is more correct, because these two categories complement each other. The law reflects the rule of law, and also talks about their effect on specific legal relations. Through the formal consolidation of the law as a normative legal act, the norms are actually implemented and affect the legal relations of society. Law and law, the correlation problems of which can be considered from several sides, cannot exist separately from each other. Thus, it will always be possible to talk about the specifics of their interaction.
Law as a source of law
Sometimes the ratio of law and law takes on an entirely unusual character. Given the characteristics of the continental legal family to which the Russian Federation belongs, the law plays the role of a legal source. Such an interpretation is quite interesting.
In this case, law is a secondary “product”, it only comes from official documents of the state, and does not serve as the basis for their creation. In this case, it is necessary to take into account the ratio of the rule of law and the law not in the general policy. They need to be considered within the framework of specific legal relations.
Law and law: correlation of concepts
Scientists dealt with the problems of the relationship between law and law in ancient times. Among the most famous researchers on this issue include Socrates, Plato, Democritus, Aristotle, Cicero and the mass of Roman lawyers. Of course, all of them put forward their own concepts and theories, but on one they absolutely all agreed - the law should be considered as a set of legal norms.
In other words, the whole set of sources of legal norms is taken into account: decrees, decrees, laws, precedents, etc. Laws, with all their official status, can be unlawful. In other words, they can be used to exercise political arbitrariness. As for law, it comes from society (the interest of the majority). This makes it impossible to promote antisocial ideas. It should be noted that law and law, the correlation of concepts of which will be given in the article, are key categories in the legal system of any state. About which we will talk further.
Correlation of law and law. "Legal Law"
The theory of “legal law” is completely atypical. Her supporters believe that the correlation of categories is based on the principle of form and its content. Thus, no attention is paid to the question of what to give the leading role to.
Also, adherents of the theory are not interested in which category is paramount. They interpret the relationship between the rule of law and the article of the law on the basis of a formal logical understanding of these structures. Thus, law is the “filler” of official documents, or rather, gives them meaning.
Independent structures
Interesting enough is the theory that law and law are completely different things that not only exist separately from each other, but also have independent sources. In this case, the characterization of concepts is based on the existence of different social structures. With this interpretation, law is perceived as a way of self-regulation of society. It is created, developed and implemented in it. The law does not require any additional expression, because people are already at the peak of self-organization. And laws are created in the field of political governance. They may include some legal provisions, but are not based on them. Thus, the rule of law and the law have nothing in common, although they have the same goal - the regulation of public relations. The theory makes it possible to look for a difference not in the final action, but in the interests of the “publishers” of both categories.
The wrongful gist of the law
Very often, attention is paid to the illegal content of laws. Most often, this problem arises when it comes to the interests of citizens of a state. For example, laws and rights of a citizen of the Russian Federation not always related to each other. There are times when a person’s legal capabilities, which belong to him from birth, are substantially “cut back” in the relevant legal acts.
Today, these issues are seriously considered not only in Russia, but also at the international legal level. Having a real influence on the law, a political force can dictate its conditions, thereby making the government illegitimate. In the context of the modern democratic system, as well as the struggle for equality, such problems can be considered an extremely negative factor for the article, which will not allow for the implementation of international legal principles.
The ratio of articles of law and legal norms
In the process of implementing legal norms, quite often a problem arises of their relationship with laws. The problem itself is based on the fact that the articles of the relevant regulatory legal acts, although they are an external manifestation of legal norms, do not always fully reproduce them. This fact indicates the shortcomings of legal technology. In some situations, such “flaws” can be used to the detriment of the rule of law in society. In order to prevent this, the corresponding theoretical concepts of correlation of law and articles in laws are developed.
The classical structure of the rule of law includes three main elements: hypothesis, disposition, and sanction. In turn, articles of laws are forms of the embodiment of specific norms in real life. There are several key points in the correlation of all structural elements of a norm and an article, namely:
1. The structural elements of one rule of law are “scattered” in various articles.
2. One article of a regulatory act includes several articles at once.
3. One article of a normative act corresponds to one legal norm.
4. Elements of a legal norm are enshrined in several articles of one normative legal act at once.
Most often, the legislator embodies one legal norm in the corresponding article in order to facilitate further work in the process of legal implementation. At the same time, the essence of the norm can be transferred to the pages of a normative act both in full and in part. Thus, there are two ways of presenting the rules of law in articles:
1. A simple method is based on retelling the content of the norm. There are no explanations or qualifications of any kind because they are obvious.
2. In the process of detailed exposition, emphasis is placed on concepts, signs and other explanatory aspects. This method is used in criminal law.
Conclusion
So, the article examined such categories as law and law. The correlation of concepts makes it possible to assess the level of development of the legal technique of the state, as well as to see the degree of influence of political doctrine on the legal system. This issue is a relevant research topic not only in the vastness of the Russian Federation, but also in other countries.