The study of the meaning and essence of law in public life requires a fairly broad approach to the legal phenomena themselves as such in all their diversity, taking into account the degree of interaction with each other. Of no less importance are the functional properties of these phenomena with respect to society itself, man, and the state.
Legal science provides for two different concepts of the legal system - broad and narrow. In the second case, they understand the national structure, and in the first, the totality of several structures. Moreover, the broad sense provides that the system of sources of law, methods, basic legal concepts and methods of their development have a common origin.
There are three groups of elements characteristic of all structures.
The first includes legal principles, norms and institutions. This group reflects the normative side.
The second includes a complex of legal institutions. These elements represent the organizational side.
The third group includes a complex of views, ideas, and perceptions that are characteristic of an existing society. He expresses the cultural side.
These components are used as evaluation criteria for characterizing legal systems. All these elements to one degree or another determine the nature of the structures.
Anglo-Saxon system of law. Characteristic
The structure of this structure includes a precedent, which for a long time has been attached great importance. However, now it is practically not inferior to other norms. In addition to precedent, the Anglo-Saxon legal system includes the rules of statutory and customary law.
In determining the regulatory framework of legislation in this structure, not only the originality of the norms is noted in accordance with the type, form of presentation. The Anglo-Saxon legal system is characterized by a practical lack of sectoral division of the norms of the legislative structure. In other words, the boundaries between sectors are quite blurred.
Such a structure of legislation in a certain way influenced the organizational side of this system of law. It should be noted that since ancient times, the main legislative body in this structure was the judiciary. This is due to the fact that the Anglo-Saxon legal system developed under the influence of a precedent. He, in turn, was formed during the judicial examination of certain life situations. Thus, the decision made by the judge became a precedent, and all similar or similar cases should subsequently be decided in accordance with the provisions of this rule.
The Anglo-Saxon legal system does not stipulate that executive authorities have the right to engage in rule-making. This is only permitted under certain conditions. Rulemaking is permitted when delegating this right directly to parliament.
The cultural characteristics of the described regulatory structure are also significantly influenced by the precedent. The legal views of this system were created in accordance with a special rule-making process. Due to the fact that the formation of norms is not carried out by law, but when specific people make specific decisions on certain matters, the normative culture in society is based not so much on respect for the law, but more on respect for justice, which underlies decision making .
According to lawyer Glasson, the normative structure described above is based mainly on barbaric customs. This system (when considered in its pure form) is nothing more than an original family of legal norms.