On the ratio of the origin, the source and the form of law in modern theoretical jurisprudence

Despite their fundamental differences, both monistic and pluralistic approaches to the problem of correlation of the source of law and the form of law possess similar specific features, because they do not assume the possibility of a logical structure of interaction between the origin of law, the source of law and the form of law as the interconnected and interrelated independent categories on the grounds of strong-willed conception of law formation. The law forming factors, which are objectively existing and influencing subjects of legislature are defined by origins of law. The source of law is an external expression (indication outside) of will of the subject of legislative activity at the time of making a decision on creation the norms of law and confirming them within a certain form. At the same time, the form of law should be presented as a formal (formalized) cover of grouped legal norms necessary for the subsequent realization of law and its interpretation. According to it, a linear logical structure of categories incoincident by their value and content “the origin of law” - “the source of law” - “the form of law” can be used for potential unification of theoretical and practical positions on the corresponding problem.