Dualism of value grounds for legal behaviour

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This article analyzes the values that determine the behavior of individuals in the field of law. The values of natural law have an individual and situational character. They vary according to time and place. The positivism values are more focused on the external, group regulation of behavior which ultimately results in the priority of the state and etatism. The same value prerequisites can serve as a basis for explanation of a number of different standards both within the legal system concerning various branches of law and in the framework of other normative systems in accordance with functions and needs of the subjects, as well as situations in which these subjects are forced to act. The person chooses its action in the framework of the system of values. The institutionalization of legal roles suggests combination of legal norms, legal behavior and the system of values common for the majority of the population.

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Legal values, value of law, legal behavior, natural law, positivism

Короткий адрес: https://sciup.org/147150063

IDR: 147150063   |   DOI: 10.14529/law160202

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