Regulatory function of the state, law and religion. Regulatory standards

In every society there are many different rules of behavior - regulators of relations between its members. Even in the early stages of the development of mankind, that is, in the primitive communal system, the interactions between people were regulated through a system of mononorms. These included various rituals, myths, customs, taboos, vows, etc. It was with their help in society that the so-called regulatory function was carried out. With the development of mankind, monitors have been replaced by more sophisticated regulators, which are divided into three main groups, namely:

• Social;
• Technical;
• Natural.

By the way, the third, that is, spontaneous, stand out only in the legal literature. Further in the article, we will only talk about social regulators, that is, norms that contribute to the ordering of the behavior of all members of society in various spheres of their life activity. There can be legal, moral, cultural regulatory norms. For each of these species, read on in the article.

Social regulation

In society, the behavior of people in relation to each other is due to a certain impact on the part of society itself. This is social regulation. It is customary to divide it into casual and normative, while the former does not affect the entire society, as under regulatory regulation, but on a specific person or group.

How is social regulation carried out ? For this purpose, special methods have been developed in society. They are the regulatory norms. To them, firstly, is the law. It is a system of formally defined rules of conduct for all members of society. Another type of regulatory norms is the custom, these are rules of behavior that develop over time and are based on the experience of the life of a fairly large group of people. At the same time, they are carried out without any coercion, that is, voluntarily or by force of habit. The next type of regulatory norms is morality. This is a set of rules of behavior based on ideas of good and bad, good and evil, right and wrong, etc. They exist in the consciousness of society and are backed by public opinion, that is, measures of social condemnation.

Morality is personal (internal conviction of an individual) and social - accepted by the majority of members of society. Regulatory function is also exercised through religious norms. These are the rules of behavior that are based on believing in the supernatural. They are supported by the hope of a prosperous life or the fear of punishment, punishment in the other world.

How did the regulative function in the primitive world?

Spells, myths, customs, taboos, rituals, vows, vows, etc. are all forms of normative regulation of the behavior of ancient people. Through myths and legends they were given information about necessary or forbidden behavior. These are stories about good and evil, and in them, as a rule, the behavior of some seems to be a feat and serves as an object for imitation.

Customs is information about the activities of previous generations, which is cognitive in nature and transmitted from the elders to the young. As for the rituals, these are concrete actions that are symbolic and voluntary, due to habits, performed by people in a certain order.

What gave humanity the emergence of states?

The beginning of the history of human civilization is considered to be the formation of primary communities of people, who by their organization resembled animal organizations (flocks, flocks, etc.). With the emergence of the first states in the lives of people there have been significant changes: the regulatory function of the state, its mechanisms in many respects differed from those that existed in the primitive system. Of course, it continued to contain already existing social relations, but its main goal was not only their control, but also intensive development.

The regulatory function exercised by the state includes social, economic, cultural and interstate functions. This means that it is aimed both at organizing social production (economy) and at creating the necessary conditions for the formation and development of a full-fledged individual in society, as well as the emergence of interstate interactions.

The idea of the mechanisms of state regulation

Further on, the article will deal with legal, moral, cultural and religious norms, through which the regulatory function in society is carried out. Each of these species has its own specifics. First of all, I want to reveal the essence of the legal settlement. Under this notion, one must understand the impact directed at social relations and has as its goal the ordering through specific means such as regulatory norms of law. They determine the legal and subjective duties and rights of subjects, as well as the conditions for their action and occurrence. Each of these norms affects the consciousness and will of man and with their help governs his behavior. In a word, the regulative function of law is exercised through common norms for all. They come in several forms:

• Obliging, that is, those that prescribe citizens to perform certain positive actions.
• Prohibiting, these are the norms that indicate the inadmissibility of committing certain decrees.
• The empowered. They assign to the person the right to implement certain actions that determine the scope of his powers.

Nevertheless, each of the norms can be formulated in any of these three qualities. And it depends on certain circumstances. Some regulatory norms of law unite in themselves several properties of the above qualities. For example, the initiation of a criminal case can be considered both as a duty and as a right of the person conducting the investigation. The main thing is to correctly analyze the conditions of this or that act.

The first of two types of legal regulatory norms, that is, prohibiting and binding, are imperative. This means that they do not allow any deviation. But the norms of the third type, authorizing, in most cases refer to dispositive, and allow agreed upon with the partner the behavior of the target recipient. By the way, for the same reasons, it is possible to identify other types of legal norms, namely: optional and recommendatory.

There are also situational ones that consider the addressee in accordance with a given situation, and alternative ones that give the opportunity to choose from several options indicated in the normative act. The regulatory function of law is also exercised through incentive rules. Their main feature is that they have a positive impact on people's behavior through incentive measures, sanctions. In short, contrary to the notion of many, legal norms can be not only a whip, but also a carrot.

Stages of legal regulation

Like any system, legal regulation is divided into elements and stages. The latter include awareness of the need to create norms of law, then the process of creating these norms goes on, the third stage is the emergence of duties and rights in specific subjects, and the last is practice, that is, the implementation of subjective rights and legal obligations. As for the elements, they correspond to the above stages and are:

• The rule of law;
• The content of the rule of conduct itself;
• The establishment of a measure of liability (legal) for violation of certain rules;
• Legal relations (arising on the basis of existing legal norms and their actual effect);
• Acts of the implementation of legal obligations and rights.

Moral and its regulatory function

An important role in the formation and development of individual and public consciousness is played by the educational function, which is carried out through moral norms. When a person develops moral experience, through the methods of education and persuasion in his mind, moral qualities, feelings, habits, ability to self-discipline and self-education are formed, then, of course, the regulative function of morality acts. It is carried out through the existing rules of etiquette, communication, etc. By the way, the latter is one of the most important mechanisms of moral regulation.

Communication performs a communicative function, which is a symbolic system of morality and it is thanks to it that at the earliest stages of the development of mankind there was a transfer of information. In a word, the regulative function of morality is primarily carried out in a communicative way. Thanks to him, a truly human relationship is formed between members of society. Communication is necessary for people not only to transmit some useful information, but also to receive a lot of positive emotions, pleasure from this very communication. If people have rules of communication, then this makes communication more enjoyable and humane.

Types and functions of communication

Man is a social being. He lives in conditions of interaction with people. Without communication, social communication is impossible. It is a specific form of interaction between people, and its social meaning is to transfer the universal human experience and forms of culture from one generation to another. The child begins to speak and the person becomes conscious only in the process of communicating with adults, experienced people. Without this, the human psyche and consciousness will not be formed. For sure, everyone remembers the character of the book of Kipling Mowgli, who, being in a wolf pack, remains at the level of animals.

What kinds and functions of communication exist? First, it is a communicative side, which consists in the exchange of information between people; Secondly, it is an interactive side that facilitates harmonization and organization of inter-human interactions; Thirdly, it is a perceptual side that helps partners establish trustful relationships and achieve mutual understanding with each other. And it is through communication that learning takes place.

Regulatory Universal Learning Activities

In order for a person to grow up from a child who is able to enter healthy interpersonal relationships and interact with the environment, he must from the very childhood learn to be a member of society. The first knowledge, of course, he gets in the family, then he gets into the children's collective (kindergarten, school), where the regulative UAL (universal teaching actions) is applied. Further in the article we will try to reveal their essence and understand what they are.

This term in the broad sense means the ability to learn, to develop, to improve by means of conscious appropriation of new knowledge and social experience. But in a narrow sense, the UAL is a set of skills and ways of the student's actions that help him to acquire new knowledge independently, master unknown skills and competently organize this process. In a word, regulatory UAL provide correction and regulation of educational activities. These include:

• Goal-setting;
• planning;
• Forecasting;
• correction;
• Evaluation;
• Self-regulation, etc.

Regulatory actions are those knowledge and skills that schoolchildren should fully understand by the end of the school.

Religion and morals

In this section, we will continue to get acquainted with the mechanisms of social regulation. This time we will talk about religion and its regulatory function. First, let's imagine how the given concept is interpreted scientifically. Religion is a social institution that occupies an important place in society, its structure. It acts as one of the forms of social consciousness and expresses certain ideas with the help of which the relations of members of society are regulated with each other. These ideas exist in the form of a system of peculiar patterns of behavior and norms that arise in the form of God's commandments. In a word, believers, observing divine injunctions, refrain from committing any misdemeanors and atrocities, as they are driven by fear of imminent punishment, as well as the belief that all their actions are watched by the "not waking eye".

Regulatory function of religion is based on special norms of social behavior that affect even the most intimate spheres of people's lives, for example, nutrition and sexual relations.

Culture as one of the mechanisms of social regulation

Culture is what distinguishes man from animals. Unlike their smaller brothers, people do not just adapt to their environment, but purposefully change it. As a result of these transformations, various ideas, symbols and values arise-the so-called artificial world, which opposes the world of naturalness, that is, of nature. These values are passed down from generation to generation only through the processes of upbringing and education. This means that culture, like law and morality, also plays an important role in the process of regulating social relations.

The regulative function of culture is to create patterns of behavior through the influence of ideals, cultural norms and values, as well as patterns of behavior. In a word, culture draws around the person and society as a whole the framework in which people must act. Through culture, the relationships between family members, school staff, employees of the enterprise, etc., are regulated.

Conclusion

In this article, we have tried to disclose the meaning of what constitutes the regulatory function of the state. As already noted, this is an activity that is aimed at developing the already existing economic, legal and social relations.