The concept and features of law in the light of the legal science

Regulation of public relations has always been the prerogative of state bodies that form the system of law. But the diversity of life sometimes sets other norms, the enforcement of which is provided not by coercion, but by habit. And, consequently, it is important to know the concept and attributes of law, and also from what norms it develops in order to separate it from other norms. To this end, we will consider approaches to understanding it, as well as the most important characteristics presented by scholars - jurists.

The concept of law and its features

The use of the concept of "rights" is carried out in several meanings. The first and the main is the set of norms that govern relations in the state. The second is the ability of the subject to act in a certain way in a strictly regulated situation, i.e. Subjective right. The third meaning is the unification of certain institutions that regulate a large area of social relations.

As can be seen, the diversity of the use of the concept of "right" depends on the concrete case. But "law" in the general legal sense includes a wider range of characteristics, or characteristics, namely the following:

1. Normativity means that a rule becomes law only if it regulates a general area, rather than a specific situation of one individual;
2. Formality - for fixing a certain rule of conduct, a written fixation in the form required for obligatory rules established by the state is necessary as a right;
3. System - law is a clearly structured system in which there are both general norms and specialized ones that are mechanisms for implementing general norms;
4. General character - means that the law is mandatory for use by all citizens of the country;
5. Compulsion - stems from the previous sign and means that in order to ensure the right to follow the law, the state can apply coercion.

Summarizing the presented characteristics, one can deduce that

Law is a set of generally binding rules of conduct that regulate social relations and are secured by the use of legal coercion .

It should be noted that both the concept of law and its signs can be transformed depending on the country. However, the characteristics presented above are generally accepted, regardless of the interpretations provided by law schools.

In addition, the concept and attributes of law can be transformed and depending on the norms with which it is filled. Consider what they are?

The concept and features of the rule of law

Unlike the concept of "law", the definition of "rule of law" does not tolerate a dualistic approach. As a rule, jurists give the following definition:

The rule of law is a social rule of conduct, the execution of which became universally binding according to its binding by state bodies and enforcement of which is provided by mechanisms of legal coercion .

Accordingly, like the concept, and signs of the rule of law do not cause a double interpretation. These include:

1. Regulation of a certain relationship - as a rule, the rule of law regulates the behavior model in only one kind of relationship;
2. Formality - in order for the rule of law to be applied, it is necessary to perform its written affirmation;
3. Universally binding - unlike other social norms (for example, corporate rules), the rule of law becomes mandatory for all participants of the legal relationship, which it is called upon to regulate;
4. The establishment of a certain model of behavior - namely, the rule of law always establishes either the right, or the duties, or the fusion of the first two factors;
5. Imparting a state-power character - in case of non-enforcement of the rule of law, the state can apply legal coercion to implement the actions laid down in the norm.

These five characteristics affect not only the norm. The concept and attributes of law are mainly composed of exactly how each of the listed features is realized.

In addition, the concept and attributes of law, which distinguish the jurists of a particular state, are largely influenced by the formation of the entire state as a whole. The body of legislative power develops and adopts rules of law, which, depending on their essence, direct the development of each area of the country's life along a certain path. So, a clear understanding of the definition of law is directly related to the construction of the correct state regime, which is its value for the modern world order.