The idea of law, its essence and origination in a ratio of the state and human nature common properties
Автор: Chernyavskiy A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 2 (47), 2017 года.
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The purpose of this article is a referring again increasing interest to the general issues of legal science, - it is an interest, of course, due to the diverse dynamics of the self-developing forms and the society systems, their interdependence from each other, and accordingly the need of an issue statement of developing new methodologies for studying the general theory of law and the need to enhance its categorical mechanisms. In this article it is substantiated that the idea of law is the principle a regulative, an attributive, because it is so valuable and indispensible in the following definition of public relations: it contains the permission to act or use the action, but not boundlessly, and only to a certain extent. This extent gives the law contained in it secretly another, also an up-empirical; it is the idea of justice that requires equality between equals and the proportional- ity between the uneven in activities. Also it is proved that the advantage is the principle of an indeterminate, boundless and selfish and it does not contain none regulating.
Human nature, social phenomena, law principles, historical method, roman law, science target, materialism, positivism, law system, social structure
Короткий адрес: https://sciup.org/14120186
IDR: 14120186