The rule of law: signs, structure

Order and discipline in society can be provided with the help of two main regulators: violence and authority. The first way, violence, is actively used in some states to this day. However, it should be noted one significant drawback of this approach to the organization of order in the country, namely: society is afraid of power, but has no respect for the laws that it preaches. As a consequence, a violent form of regulation has a relatively short life. With regard to the dictates of the state, this method can exist both on an independent basis and in a symbiosis with a violent method. Thanks to him, the state power will not only exert influence, but also enjoy unprecedented authority. To date, the way power is imposed in the country is manifested through the existence of law and its individual, most insignificant elements, the role of which is great. Thus, the article will deal with the norms of law as a way of regulating society and all social relations arising in it.

The rule of law: the history of the formation of the category

The modern law Has a fairly rich history. It was formed throughout the entire period of human existence. The rule of law is an inalienable element of it, therefore the path of its formation, formation and development is directly proportional to the whole of history. Initially, the regulator of social relations was the moral norms that were formed under the pressure of the tribal system. People knew what to do, and how to do it. And for violation of moral standards had to be accountable to the entire community. The problem was that one part of such a society recognized certain moral standards, while the other considered them absurd and completely unworthy of compliance.

With the development of the social structure of society and the emergence of centralized power, it became clear that a state, even a small one, can not ensure order only through moral norms. After all, since 2000 BC states are formed, which united under their own head many nations. Thus, it was necessary to create a unified system of norms of behavior, mandatory for all, in other words, a general rule of law should have appeared. For this, the most common moral norms were adopted, modified and consolidated in writing in the form of state law. The most ancient monument of written rules of law are the laws of King Hammurabi, created around the 1750's BC. Significant development was brought to the right by Roman lawyers who created another ancient and fundamental source of law - the "Laws of the XII tables". The development of law takes a completely different course, when in the world there are religious teachings, known to us today (Islam, Buddhism, Christianity).

The rule of law and religion

Many modern legal scholars believe that the rule of law, the signs of which will be presented later in the article, was largely formed on the basis of religious beliefs. And in each separate country, the separately taken legal rule of law Developed on the basis of that religion, which in the state is the main one. Thus, today we can observe a noticeable difference between the legal systems of the East and the West, the Muslim, Buddhist and Christian worlds. The most obvious implementation of religion in law occurred in countries where the Sharia reigns. In this case, the law is directly based on religious values. More liberal legal norms are found in Christian countries. Here a significant role is played by the general level of development of social relations within society. In other words, the Christian religion is open to innovation. As for Buddhism, this teaching is more inclined to spiritual pacification, and not to the regulation of society. Therefore, his influence on law is practically zero.

The legal norm of law: the modern concept

To date, scientists have developed a modern concept of the rule of law. Theorists took into account not only historical aspects, but also cultural and religious. It follows that the rule of law is a formally defined rule of conduct that is generally binding and guaranteed by the state, which reflects the real legal freedom of a person in the country. In addition, the rule of law is the main regulator of public relations , irreplaceable and sanctioned by the state power. All norms are structured and systemic, that is, they enter into a single legal array of state law. The norm itself has a certain structure, which will be discussed later in the article. The sphere of law for today is so great that norms are combined in the branches, institutions and sub-institutions. All this gives each rule of law specific characteristics, depending on the industry in which it exists.

The rule of law: signs

In modern legal theory, many signs of legal norms are singled out. However, considering the general nature of legal science, regardless of cultural and territorial differences, it is possible to single out the most "classical" features. They are largely based on the characteristic structure of legal norms and their place in the general legal system of any state. Thus, we can distinguish the following features:

1) The ultimate destination is not specific. Norms regulate relations, the most typical and characteristic for an individual society. They are not personalized, although in some cases, for example, the right of application, the final addressee is still taken into account.

2) Legal norms are mandatory for all who are in the territory of their action.

3) Direct communication with the state. The latter not only creates norms, but also ensures their action and the fulfillment of instructions.

4) The essence of the sign of formal certainty is that all norms are fixed in separate normative acts of the state of different legal force. In each of them rights and duties of subjects are registered.

5) Although the rules of law are interrelated, they do not contradict each other, which indicates their microsystem nature.

Considering all the above mentioned aspects, it is necessary to note a significant role in the legal system, played by any single rule of law. Signs in many respects explain why such an insignificant element is so important for the formation of the legal system of any state.

Structure of legal norms

When we talk about the structure of legal norms, it should be noted its exceptional importance, first of all, for the sphere of law enforcement. Owing to the developed universal model of the structure of the rule of law, scientists have achieved significant heights in the sphere of development and the creation of the most acceptable and convenient legal systems that precisely and qualitatively regulate social relations. It should also be noted that the structure of the rule may vary depending on the legal industry in which it exists. However, such a "deformation" happens only in specific industries. In all other cases, the system is triple, and consists of the following basic elements:

- hypothesis;

- Disposition;

- sanction.

It should be noted that this structure is a benchmark, therefore the norms of Russian law, Ukrainian, British or American, will have the same internal structure. Each element has its own peculiarities, as well as species, which makes it possible to consider them not in a single system policy, but separately.

Features and types of hypothesis

It has already been pointed out that the rules of law of the Russian Federation, the United States, Britain or any other country do not differ in their structure. Therefore practically in all of them there is a hypothesis - a part of the legal norm, where the legal fact is indicated , the vital circumstance, with the presence or absence of which the norm is directly connected. In this case, the author notes the fact that, depending on the legal industry, this element may be absent. For example, the rules of administrative law and criminal are mostly dispositional, that is, they immediately show the rights and obligations of the parties.

However, many scientists with a similar statement do not really agree. They argue that even the norms of administrative law and criminal law contain an indication of a legal fact, because without it it is not clear which specific social relations to regulate.

Types of hypotheses

The essence of each hypothesis determines the existence of its species. For example, depending on the number of conditions, there are:

- A simple hypothesis (contains one condition for the existence of a norm).

- A complex hypothesis (it contains two or more conditions for the existence of a legal norm).

There is also a classification of hypotheses based on the specification of the legal fact itself. According to this differentiation, the first element of the legal norm is divided into the following types, namely:

- Abstract hypotheses - show only the most characteristic and general conditions of the legal fact. In other words, attention is focused on generic facts.

- Casuistic hypotheses - are distinguished by a high degree of concretization of the case. They are mostly used in the countries of the Anglo-Saxon family, where point law prevails.

What is the disposition?

The most important and really key element of the entire structure of any norm is disposition. It affirms those rights and duties for which the norm was created. In fact, disposition is the norm itself. Many scientists do not attach much importance to this element, referring to the fact that it plays an extremely informative role. Such a remark does not correspond to reality, because it is due to dispositional aspects that one can talk about any influence on public relations. Simply put, without dispositions it is impossible to influence people. The more understandable and accessible the rights and responsibilities will be described in this structural element, the more significant will be the legal culture of the population of a particular country.

Features of the sanction

Thanks to the sanction, it is possible to ensure the responsibility of the infringer of rights or of someone who does not fulfill the duties prescribed by a certain norm. However, there are sanctions that bear quite favorable consequences for the subject. Such norms are called encouraging.

Thus, the sanction of the rule of law is a structural element that bears the consequences of the legal fact prescribed in the norm itself. Like the hypothesis, the sanction may be absent in some industries. For example, the norms of constitutional law contain only a hypothesis and a disposition. The sanction is simply not necessary to them, because the constitutional norms fix the status of the supreme bodies of state power and other most important structures. It follows that the norms of the constitutional law do not bear for the subjects any consequences, both positive and negative.

Types of sanctions

Different types of sanctions are allocated only in terms of the degree of certainty of this structural element of the rule of law. Thus, the following types are distinguished, for example:

- absolutely definite;

- relatively specific (within the limits of one sanction, its size may vary, for example, the amount of the fine or the term of imprisonment);

- An alternative sanction (such structural elements contain several favorable or unfavorable consequences of a legal fact at the same time).

In modern legal science, interest in relative or alternative sanctions is prevalent, because they enable the most accurate consideration of all the subtleties of a particular life situation. Take, for example, housing law. Some norms of this industry generally do not contain sanctions, and those where this element is present are almost always alternative or relatively definite. This approach proceeds from the very essence of housing law. It is most closely connected with society and regulates specific legal relations.

Place norms in the legal system

So, we have considered the concept and structure of legal norms. Given all the above aspects, you can find out how the system of rules of law is formed. The fact is that all norms are united among themselves into a single mechanism for the regulation of society. But for a more detailed and effective action, homogeneous norms are united in institutions, sub-institutions. The latter, in turn, create legal branches (criminal, administrative, civil, housing law, etc.). In addition, there is a vertical gradation of legal acts, where the norms act as a "place of contact" between society and the state. In fact, the rule of law, the law, the constitution and other acts is the structure of legal regulation in the state, carried out through the formed legal technique.

How are the norms set out in legal acts?

Legal norms are contained in state acts of different legal force and scope of application. As a rule, the norm itself does not coincide with the article or paragraph of the normative act, although in some cases these categories are identical. There are two important facts to consider here:

1) The rule of law is a rule of conduct.

2) The article of the normative act is the form in which the state will expresses itself.

Thus, the presentation of legal norms in state acts may differ. There are several ways of presenting all elements of the legal norm in articles of state acts, namely:

1) Direct . All structural elements are included in the article. In this case, a separate article, in fact, is the rule of law. Similar articles are found quite often, and they are easy to use.

2) Referral . In this case, one of the elements is not present or it is presented partially, incompletely. At the same time, there is a reference to another article of the same normative act. This kind of norms are very often found in civil law, since it is the most closely related to other industries.

3) As for the blanket method , it is the most "intricate". It is similar in many respects to the reference, but in the article the legislator refers not just to another article of the same normative act, but refers to another branch of law. There is a system of rules of law. It allows to regulate identical legal relations with legal norms of different nature.

So, the rule of law, the features and structure of which were presented in the article, is the smallest element of the legal system. However, its role is quite large in the process of legal regulation of public life. Many scientists are still studying this element, making it the main object of their scientific research.