Conceptual and Categorical Apparatus of the Concepts of 'Right' and 'Law' and Their Relationship
| Autor: | NADIIA MELNYK |
|---|---|
| Rok vydání: | 2022 |
| Zdroj: | Social Legal Studios. 5 |
| ISSN: | 2617-4170 2617-4162 |
| Popis: | In today’s context, the definitions of “right” and “law” are becoming increasingly important, because right is a normatively enshrined justice, and the law is the compiler of social relations. The aim of the article is to clarify the content and essence of the definitions of “right” and “law”, to determine their relationship and difference and to reflect on this basis their own vision in jurisprudence. The theoretical and methodological basis of the study is the historical and legal method, structural and functional method, comparative method. The content and essence of the definitions of “right” and “law” are considered. The essence and understanding of such legal phenomena as natural law that arose outside society and positive law created by the state are clarified. The current views of Ukrainian researchers on the characteristics of common and distinctive features of positive and natural law, which differ in certain norms of behavior created by people to determine what is allowed and what is not legally allowed and are expressed in the form of laws. Considering the common features, it is determined that natural law fills the gaps in positive law, because human behaviour is determined not by man himself, but by the law that dominates him with a combination of justice and legality. The main ways of development and existence of positive law are identified, among which are customary law, law of judges, law of the legislator. The main features of positive law, which include mandatory regulations; the expression of norms in laws and other sources determined by the state; formal certainty; state security. The norms and principles of natural law, which are absolute in nature, confirm the truth that man can not live in a world where everything is relative and rely only on contractual bases, which are formulated by the people themselves. It is proposed to conduct research on the relationship and distinction between the concepts of “right” and “law” used in the process of scientific knowledge of a particular problem with which the researcher substantiates his research phenomenon |
| Databáze: | OpenAIRE |
| Externí odkaz: |
|