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The definition of law is ... Definition of international law. Human rights

For many centuries, humanity has tried to come to the highest form of self-organization. Therefore, attempts were made to devise an effective regulator of public relations. Such a mechanism could provide a normal mode of activity for people and their group formations. The search took quite a long time. As measures of influence on man, religion, violence and, of course, ideology were tried. But, strange as it may seem, none of the presented phenomena has been able to take root in society. However, the right - the most ancient mechanism of influence - has shown significant effectiveness in the issue of coordination of the society.

To date, law is the main regulator of social interaction. It has penetrated into all spheres of human life, from family to trade. We can not say bad or good, but the effectiveness of law is real and obvious. At the same time, this phenomenon has many characteristic features, structural elements and a rather interesting history. For this and a number of other reasons, the law in the 21st century is being studied by a huge number of different scientists around the world.

What is right?

Categories of any branches of science have a definition. Law is a set of moral norms that are legalized and guaranteed by the state. In fact, the represented category is nothing more than an established form of behavior. It should be noted that for each state such rules are strictly individual phenomenon. That is, they are established on the basis of various moral values, etc. Nevertheless, the essence of law is not always determined identically.

Pluralism of concepts

The definition of law is a subjective process of distinguishing and grouping individual features and specific attributes of a category. But the absence of a legislative interpretation in the Russian Federation or any other country gives rise to the growth of doctrinal theories and definitions relating to the phenomenon presented. In other words, every scientist understands the law in his own way, which does not enable us to distinguish the most classical concept for the whole of science. However, referring to the legal understanding of citizens of a certain state, one can single out a term that will become acceptable on a certain territory.

It is also necessary to note the fact that the notion and definition of law are often divided. But this problem is not so much legal as linguistic. Therefore, its features for lawyers-scientists are not of special interest.

Category contiguity

It should be noted that the essence of the law speaks of the similarity of the category with state power as such. But such an interpretation is a delusion. Of course, one can not deny the fact of ensuring the right of state power. In fact, the main regulator of social relations is what power in a certain state can rely on in the process of society's coordination. However, the methods, structure and methods of implementation of both categories are completely different. Therefore, the definition of law is what makes it clear: it is an absolutely independent entity that can not be identified with the state power.

Tags of the category

Any legal phenomenon is characterized by certain features that show its exceptional uniqueness. The definition of law is just one of the key characteristics of the category. But the concept does not include a complete list of characteristics that characterize it. Therefore, their scientists singled out, as a rule, separately. Thus, to date, the following features of law are distinguished in theory , for example:

  • Normative character, that is, the existence of legal norms establish classical forms of behavior;
  • Mandatory for all without exception subjects;
  • The guarantee of the right and enforcement of its norms directly by the state;
  • Special, intellectual-strong-willed character, manifested in the fact that the law expresses the will of the people;
  • Formalism is confirmed by the fixed legal norms in official acts;
  • The sign of systemic nature expresses the presence of a large number of elements of law.

Of course, the list is not exhaustive. Many scientists disagree with the presented characteristics and allocate their own. Nevertheless, these features are the most classic.

Subject of law

The legal branch exists to coordinate public relations of different target orientation. That is, law is a directed mechanism, the action of which extends to certain moments or subject, as it is customarily called in theory. It should be noted, there are a lot of disputes about what is the subject of law. The category is really an interesting phenomenon, since it touches on a lot of specific issues.

At first glance, the object of law should be objects of material reality, that is, property or any other similar goods. But it's not so simple. To date, public relations are the subject of law, 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 area of human activity, in which legal relations of a certain kind arise. Thanks to this interpretation of the subject, modern jurisprudence can be fairly easily divided into certain components.

Methodological basis

Jurisprudence is the sphere that predetermines 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 in one fact - the category regulates human life. Therefore, there is an institution of the method of legal regulation. It is a combination of specific methods and legal measures that allow the participants to influence certain relationships with the aim of directing and coordinating their activities. In this case, the method, depending on the specific legal field, will differ in its intensity and completeness. In the standard version, the category is divided into imperative and dispositive species.

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 operation, the independent expression of the will of the parties of certain legal relationships is allowed.

Legal category system

The existence in the jurisprudence of various industries is an indicator of its structuredness. 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, since it regulates a whole group of homogeneous legal relationships, and also combines other, smaller elements. In Russia and the world, the most famous and extensive branches are criminal, civil and international.

Criminal Law: Definition

Far from all the legal relationships that arise in society are positive. Quite often people violate the limits of the socium established by society. Sometimes going beyond the scope brings invaluable harm 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 pillars of society from illegal encroachments. This industry is characterized by a high degree of formalism and strict norms, 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, the civilization has spread to all countries of the world. In the 21st century, this industry regulation is called "civil law". The definition says that the presented sphere is a set of legal norms, with which the relations of property and non-property character are coordinated.

The purpose of the creation and functioning of the industry is nothing else than the realization of the legitimate interests of citizens, specifically speaking of the Russian Federation. As for the method of regulating relations, then in the context of civilization, a dispositive kind is used. Therefore, the key sectoral principles are the equality of the parties, freedom of contract, and so on.

International law: concept

Certain spheres of regulation are present in all countries of the world. However, the interaction of different countries led to the need of the invention of the industry, which was able to effectively coordinate such relations. The definition of international law suggests that it is a set of norms in which a foreign element is present. In other words, the industry regulates different types of relations that arise directly between states and their other subjects.

There is a misconception that human rights, as defined in numerous official acts, are attributed exclusively to the international legal sphere. Of course, the industry contains the norms by which human capabilities are regulated, but the key moments of this institution are fixed in the national legislations of specific countries, including Russia.

Conclusion

Thus, law is a complex category that has many interesting moments and phenomena. Depending on the cultural characteristics of each state, jurisprudence is filled with certain features. Therefore, it is practically impossible to find the right in pure, that is, as close to the theory as possible. But this fact speaks of the true singularity of such a category.

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