For many centuries, humanity has tried to come to the highest form of its own self-organization. Therefore, attempts were made to invent an effective regulator of public relations. A similar mechanism could provide a normal mode of activity of people and their group formations. Searches were carried out rather long. Religion, violence, and, of course, ideology have been tried as measures of influence on a person. But, oddly enough, not one of the phenomena presented was able to take root in society. However, law, the most ancient mechanism of influence, has shown significant effectiveness in the matter of coordination of society.
Today, law is the main regulator of social interaction. It penetrated into all spheres of human life, from the family to the trade. We cannot say whether it is good or bad, but the effectiveness of the law is real and obvious. Moreover, this phenomenon has many characteristic features, structural elements and a rather interesting history. For this and a number of other reasons, law in the 21st century is studied by a huge number of different scholars around the world.
What is a right?
Categories of any branches of science have a definition. Law is a set of moral standards that are legalized and guaranteed by the state. In fact, the presented category is nothing but an established form of behavior. It is worth noting that for each state, such rules are strictly an individual phenomenon. That is, they are established on the basis of various moral values, etc. However, the essence of law is far from always determined identically.
Pluralism of concepts
The definition of law is a subjective process of identifying and grouping individual features and specific attributes of a category. But the lack of legislative interpretation in the Russian Federation or any other country gives rise to the growth of doctrinal theories and definitions regarding the presented phenomenon. In other words, each scientist understands law in his own way, which makes it impossible to single out the most classical concept for all science. However, referring to the legal understanding of citizens of a certain state, we can single out a term that will become acceptable in a certain territory.
It should also be noted that the concept and definition of law are often shared. But this issue is not so much legal as linguistic. Therefore, its features for legal scholars are not of particular interest.
Adjacency categories
It should be noted that the essence of law speaks of the similarity of the category with state power as such. But such an interpretation is a fallacy. Of course, one cannot deny the fact of ensuring the right to state power. In fact, the main regulator of public relations is what power in a particular state can rely on in the process of coordinating society. However, the methods, structure and methods for implementing both categories are completely different. Therefore, the definition of law is what makes it clear: it is an absolutely independent entity that cannot be equated with state power.
Category Attributes
Any legal phenomenon is characterized by certain features that show its exceptional uniqueness. The definition of law is only one of the key characteristics of this category. But the concept does not include a complete list of characteristics characterizing it. Therefore, their scientists distinguish, as a rule, separately. Thus, today in theory the following signs of law are distinguished , for example:
- regulatory nature, that is, the existence of legal norms establish classic forms of behavior;
- mandatory for all entities without exception;
- guaranteed rights and the implementation of its norms directly by the state;
- special, intellectual-volitional nature, manifested in the fact that law expresses the will of the people;
- formalism is confirmed by the consolidation of legal norms in official acts;
- a sign of systematicity expresses the presence of a large number of elements of law.
Of course, the list presented is not exhaustive. Many scientists disagree with the presented signs and highlight their own. However, the features mentioned are the most classic.
Subject of law
The legal industry exists to coordinate public relations of different focus areas. That is, law is a directed mechanism, the action of which extends to certain points or an object, as it is commonly called in theory. It should be noted that there is a large number of disputes about what is the subject of law. The category is a really interesting phenomenon, as it raises many specific issues.
At first glance, the subject of law should be objects of material reality, that is, property or any other similar goods. But it’s not so simple. To date, the subject of law is public relations, which are directly subject to legal regulation.
Looking ahead, it must be said that law is a systemic phenomenon. Each of its branches controls a separate section of human life, in which legal relations of a certain kind arise. Thanks to this interpretation of the subject, modern jurisprudence can be quite simply divided into certain components.
Methodological base
Jurisprudence is a field that determines equal and fair conditions for the entire population of the state, as well as the norms of its behavior, as the definition of law tells us. This is only one of the interpretations, but almost all of them are similar to each other in one fact - the category governs human life. Therefore, there is an institute of a method of legal regulation. It is a combination of specific methods and legal measures that allow you to influence the participants in certain relationships in order to direct and coordinate their activities. Moreover, the method, depending on the specific legal industry, will be distinguished by its intensity and completeness. In the standard version, the category is divided into imperative and dispositive types.
In the first case, the free will of the subjects is not allowed. Regulation is carried out with the accuracy of the legislative letter. The dispositive method is the opposite. Within the framework of its action, an independent expression of the will of the parties to certain legal relations is allowed.
Law Category System
The existence of various industries in jurisprudence is an indicator of its structure. In other words, we can talk about the existence of a whole system of law. It, in turn, consists of several elements, namely:
- industry;
- sub-sectors;
- Institute;
- norms.
In this case, the largest part is the industry, as it regulates a whole group of homogeneous legal relations, and also unites other, smaller elements. In the Russian Federation and the world, the most famous and extensive industries are criminal, civil and international.
Criminal Law: Definition
Not all legal relations arising in society are positive. Quite often, people violate the boundaries established by society. Sometimes going beyond does invaluable damage and is characterized by public danger. Acts of this kind are called criminal and they are regulated by the criminal industry. Thus, criminal law is a set of legal norms that are established by the state to protect the most important foundations of society from illegal encroachments. This industry is characterized by a high degree of formalism and strict standards, which indicates the prevalence of the imperative method of regulation.
What is civil law?
Civilization is by far the oldest branch of jurisprudence. Its main provisions were developed in ancient Rome. In the process of resettlement of peoples and cultural assimilation, civil law has spread across all countries of the world. In the XXI century, this industry regulation is called "civil law". The definition indicates that the presented area is a set of legal norms that coordinate property and non-property relations.
The purpose of the creation and functioning of the industry is nothing more than the realization of the legitimate interests of citizens, if we talk specifically about the Russian Federation. As for the method of regulating relations, in the context of civil law a dispositive form is used. Therefore, the key industry principles are equal parties, freedom of contract, etc.
International law: concept
Certain areas of regulation are present in all countries of the world. However, the interaction of different countries has led to the need for invention of the industry, which was able to effectively coordinate relations of this kind. The definition of international law means that it is a set of rules in which a foreign element is present. In other words, the industry regulates various types of relations that arise directly between states and their other entities.
There is a misconception that human rights, the definition of which is presented in numerous official acts, are attributed exclusively to the international legal sphere. Of course, the industry contains standards that govern human capabilities, but the key points of this institution are enshrined in the national laws of specific countries, including Russia.
Conclusion
Thus, law is a complex category that has many interesting points and phenomena. Depending on the cultural characteristics of each state, jurisprudence is filled with certain signs. Therefore, rights in a pure, that is, as close as possible to theory, form is almost impossible to find today. But this fact speaks of the true extraordinary nature of this category.