Very often in everyday life, the legal system and the legal system are recognized as identical concepts. But from the point of view of jurisprudence, these two concepts differ significantly. Consider them and identify the points of discrepancy.
The legal system and the legal system - general provisions
Modern science has developed a number of approaches to the definition of the legal system. There is a genetic, historical, as well as a structural method for differentiating this concept.
Genetic incorporates an explanation of the legal system in terms of primary and secondary criteria. At the center of this approach is man, and the derivatives are the state, as well as society. And from here smoothly follows the designation of natural (establishing the legal personality of an individual) and positive (regulation of the legal personality of the state) law. And, accordingly, the legal system in this section is a combination of natural and positive law.
The historical method for the definition of this concept establishes that it is a combination of law, customary law, contract law and case law.
However, the majority of jurists prefer the third method - structural. According to him, the legal system acts as a clearly regulated education, which includes industries, legal institutions and legal norms .
The system of legislation , on the contrary, has a single, clearly defined definition. And according to him, it represents the union of all the rules of law in force in the country and enshrined in the relevant documents . The basic elements of a system of legislation are differentiated by signs:
1) industry - labor, civil, criminal, constitutional, administrative, etc. Also, this feature is considered a criterion for horizontal elements;
2) legal force - division is carried out by the subordination of norms to each other. At the very bottom of the pyramid are local acts, above them are by-laws of the state, which are subject to laws that do not contradict the provisions of the constitutional act;
3) in the form of the territorial structure of the country - national and local legislation, and the latter does not have the right to contradict the former.
As you can see, the elements of the legislative system are significantly different from the structural base of the legal system.
The system of law and the system of legislation: their relationship
Building a law is impossible without using legislation. Therefore, it is impossible to say that the system of law and the system of legislation are completely different concepts.
The legal system is built on the basis of objective reality. In fact, the rule of law, which is the basic element, refers to a particular industry or institution only on the basis of its application in a specific legal relationship. But the basic element of the legal system - the legal act - can regulate several industries at once.
There is another criterion by which the system of law and the system of legislation differ. Their ratio is displayed on the structure and content of the article of the normative act and the rule of law. As you know, the rule of law must include disposition, hypothesis and sanction. But here in a formal fixation (for example, in a law or a decree), an article of a normative act can operate with individual elements of a rule of law. In addition, one article may include several rules governing various relations at once.
Therefore, there is a situation in which the system of law and the system of legislation, by virtue of the arguments considered, cannot become interchangeable concepts.