Concerning the content of law concept
Автор: Toldiev Alaudin Badrudinovich, Kumysheva Marina Kadirovna
Журнал: Теория и практика общественного развития @teoria-practica
Рубрика: Юридические науки
Статья в выпуске: 16, 2014 года.
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The essence of the law is the inner foundation of every law, every legal act. The concept of “content of law" is much richer and broader than the concept of “essence of law". The dispute about the form of law and the content of law has a long history. Rousseau put forward the state will as the principle determining the content of law. Hegel, unlike Rousseau, believed the form of law is a practical implementation of the objective spirit, and the content of law is the free will. The negation of the versatility of the content of the law logically leads to the opposition, the separation of the so-called direct content of the law from the content embodied in the economic, political and ideological standards. It is always possible to trace the direct relation of the specific content of a law with the public relations reflected in it. The main aspects of the law are not abstractions or logical reasoning, but its relevance for everyday practices. Not less important is the definition of the content of such category as the will in the law, or rather the public will. Kelsen believes that the will in the law is only conceivable by people “design of obligation", “legal will". The legal norm always expresses the will of the people and the public will. The public will is a form of effective manifestation of purposeful awareness (ideology) of the people in the society.
Content of law, form of law, political will, public relations, essence of law, legal act
Короткий адрес: https://sciup.org/14936097
IDR: 14936097