Development of lawful systems formations as the manifestation of the dynamics of the right law
Автор: Voronin M.V.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Теория и история государства и права
Статья в выпуске: 1 (15), 2012 года.
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The problem of legal development on the basis of ideas about the right as system is observed in this article. The attempt to give answer to the questions is undertaken: what precisely components will influence legal dynamics and what indices will reflect it. The answer to them is given through the prism of the lawful systems formations, which the basis of the systematization of right in turn influences. Lawful dynamics is not separated from the basis of the systematization of the rights, which are connected with the factors, which show the concrete specific character of the regulated content of right. It is worthy to single out among such factors and foundations social relations, which are found in system interaction; the official government will of legislator, projected to the conducted in the country legal policy; the principles of right; the special feature of lawful family; lawful traditions; mentality and the personal factor of the subjects of legal life. The dynamics of right is connected with the qualitative development of the system of lawful standards, the reorientation of the vectors of the targets of right, a change of the integrative connections in the system of right. In our view, it is completely possible to determine the reflection of lawful dynamics during the lawful systems formations, which do not enter into the content of right itself, they occupy visible place in the lawful system of society, coming out as filling, by environment for the right. In the article is given the substantiation of the isolation of category lawful systems formation, its essential characteristics are separated. The juridical relationships and legal conscience are examined as an example. The knowledge of the special features of the development of lawful systems formations is necessary, to the form of that fact that the degree of the systematization of right grows in proportion to the complication of social relations, lawful reality. Increasingly with the larger objective intensity begin to be integrated lawful system formations. Under the conditions of the dynamically developing society it is necessary to skillfully solve the problems of the adequate system reaction complicated and of ever more being undergone institutionalization (process of regulation formalization and standardization, forming social institutes) social relations. In the lawful sphere this is possible to make, receiving the polysystemic structure of right, realizing its role as the social system of that regulating primary social relations that consists of the complex in its own way developing components.
Dynamics, right, manifestation, the development of right, lawful systems formations, the systematization of right
Короткий адрес: https://sciup.org/147202129
IDR: 147202129