LawState 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 Traditions, rituals, customs, established taboos and so on. At the same time, in this category, several species are distinguished at once, different in nature, the way of providing and supporting, sources. Thus, for example, the rule of law in the system of social norms (in other words, legal provisions) is distinguished by the fact that the state itself is the source and guarantor of security. In addition, there are norms of morality (established in the group rules of conduct, non-fulfillment of which leads to conviction on the part of other individuals); Norms of customs (established in a specific social environment and due to repeated repetition become the prescription for implementation); The norms of public organizations (which are also rules of behavior, but which are obligatory only for members of the corresponding local group: pioneers, officers, and so on). Of course, all these categories have unique characteristics peculiar to them only. However, we will concentrate on legal regulations. Actually, the rule of law in the system of social norms can be distinguished On the following grounds:

  • 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:

  1. 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.
  2. 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.
  3. 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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