The regulation of public relations has always been the prerogative of state bodies that shape the system of law. But the diversity of life sometimes sets other standards, the implementation of which is ensured not by coercion, but by habit. And, therefore, it is important to know the concept and signs of law, as well as what norms it is composed of in order to separate it from other norms. To do this, we consider the approaches to understanding it, as well as the most important characteristics presented by scholars - jurists.
The concept of law and its features
The use of the concept of “law” is carried out in several meanings. The first and main thing is a set of norms that govern relations in the state. The second is the subject's ability to act in a certain way in a strictly regulated situation, i.e. subjective law. The third meaning is the unification of certain institutions that regulate a large area of social relations.
As you can see, the variety of use of the concept of "law" depends on the specific case. But “law” in the general legal sense includes a wider range of characteristics, or features, namely the following:
- normativity - means that a rule becomes law only if it regulates the general area, and not specifically taken situation of one individual;
- formality - to fix a certain rule of behavior as a right, its written fixation is necessary in the form that is provided for generally binding rules established by the state;
- consistency - law is a clearly structured system in which there are both general and specialized norms, which are mechanisms for the implementation of general norms;
- general nature - means that the right is mandatory for all citizens of the country;
- binding - stems from the previous sign and means that to ensure compliance with the law, the state can use coercion.
Summing up the presented features, we can deduce that
Law is a set of formally established generally binding rules of conduct that govern social relations and are secured by the application of legal coercion .
It should be noted that both the concept of law and its attributes can be transformed depending on the country. However, the characteristics presented above are generally recognized, regardless of the interpretations provided by law schools.
In addition, the concept and signs of law can be transformed and depending on the norms with which it is filled. Consider what they are?
The concept and features of the rule of law
In contrast to the concept of “law,” the definition of “rule of law” does not tolerate a dualistic approach. As a rule, jurists give the following definition:
The rule of law is a social rule of behavior, the implementation of which has become generally binding according to its fixing by state bodies and the implementation of which is ensured by legal enforcement mechanisms .
Accordingly, both the concept and the signs of the rule of law do not cause a double interpretation. These include:
- regulation of a certain relationship - as a rule, a rule of law regulates a model of behavior in only one type of relationship;
- formality - in order for the rule of law to be applied, it is necessary to complete its written confirmation;
- general obligatoriness - unlike other social norms (for example, corporate rules), the rule of law becomes mandatory for all participants to fulfill the legal relationship that it is intended to regulate;
- the establishment of a certain model of behavior - namely, the rule of law always establishes either law, or obligations, or the merger of the first two factors;
- imparting a state-imperious character - in case of failure to fulfill a rule of law, the state may apply legal coercion to implement the actions laid down in the norm.
These five characteristics affect not only the norm. The concept and signs of law basically consist of exactly how each listed feature is implemented.
In addition, the concept and signs of law, which distinguish the jurists of a state, to a large extent influence the formation of the whole state as a whole. The legislative body develops and adopts rules of law, which, depending on their nature, guide the development of each area of the country's life according to a certain path. So, a clear understanding of the definition of law is directly related to building the right state regime, which is its value for the modern world order.