Law, State and Law
The rule of law in the system of social norms: their role and structure
In the system of social and interpersonal relationships, the most important role is played by the so-called social norms. They are some rules governing the activities of organizations, the behavior of people in different life situations, their relationship. Such social norms may be
- As already mentioned, in the series of social prescriptions they are the only ones coming from the state.
- Form a single set of legal provisions, requirements and penalties.
- Clear system. Different provisions should not contradict each other.
- They represent a measure of free behavior and will of citizens of the country in question.
- The norms of law in the system of social norms are published in a clear concrete form, not involving ambiguous interpretations.
- Have a clearly defined limit of their own actions.
- Supported and protected by all the forces of the state.
- Necessarily are a form of consolidation and realization of the rights and duties of subjects of interpersonal and social relations.
- They are always an imperious order of government structures and express their willful decisions.
- The rule of law in the system of social norms is the only regulator of social relations available to the state.
- They represent certain rules of behavior, which are absolutely necessary for all categories of the population. In addition, the punishment for non-compliance is prescribed irrespective of property, official or social status.
- Have a general character. Regulate a specific typical social relationship, but do not have a personalized character.
Right in the system of social norms. The structural plan
The internal structure of this category of social rules of conduct involves the following elements:
- Hypothesis - indicates the life circumstances associated with the entry of the norm into its legal effect. Hypotheses are complex and simple. This gradation is based on the number of its conditions. The form of the expression of hypotheses presupposes its casuistry or asbestosity.
- Disposition is one of the structural elements of legal norms, containing the very instructions of the behavior of subjects in various social relations and indicating the essence of the content of law, as well as the responsibilities of the subjects. Actually, this is the main element of this system. Dispositions are divided into several varieties. For example, depending on their nature, they can be binding, authorizing and prohibiting. By the way they are expressed they are relative and absolute.
- Sanction - determines the nature and extent of punishment applicable to participants in interpersonal and social relations that deny the role of law in the system of social norms and violate it. Sanctions also have different forms, depending on the degree of certainty: relatively-specific, alternative, absolutely-definite.
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