Practical class 2. Bases of theory of the law.

1. Notion, attributes and functions of the law.

2. Sources and system of the law.

3. Notion and structure of legal rule.

4. Concept, attributes and structure of legal relations.

5. Reason of the origin, changing and stopping of legal relations.

6. Notion and types of legal conduct.

7. Notion and types of legitimate conduct.

8. Notion, attributes, composition and types of offence.

9. Notion, aim, functions, reasons and types of legal responsibility.

1. Notion, attributes and functions of the law.

Usually law is perceived as set of rules of the behaviour established by the state as obligatory and provided in case of their nonfulfilment by compulsory force of the state. At such approach following signs of the law are allocated:

1) normativity, i.e. it consists of rules of behaviour which accurately define the rights and duties of people and the organisations;

2) obligatoriness, i.e. norms of the law are obligatory for all members of a society and all who is in territory of the given state; in case of infringement of norms of law the state can apply compulsion;

3) always exist in writing form and necessarily vest in strictly established norm of any document – the law, the decree, the rule;

4) not personificationness, i.e. absence of the concrete addressee;

5) hierarchy of norms of the law, their hierarchy: norms of the law have different validity;

6) a special subject of reflexion: norms of the law regulate not any, but the most important for life of a society relations – the power, the property, etc.

Summarising the signs specified above, the law is possible to define as system of the obligatory, formally certain standard installations regulating public relations and proceeding from the state, provided to performance by compulsion from the state.

In modern domestic jurisprudence there were three basic approaches to understanding of the right: the standard; the sociological; the moral.

Appointment of the right is formulated in jurisprudence in two aspects. According to the first aspect, appointment of the right – to express interests of a ruling class, to serve as means of suppression, violence in relation to other classes. The second aspect sees appointment of the right in serving as means of the compromise, removals of contradictions in a society to be the tool of an administrative office of a society. From here the right is treated as means of the consent, concessions.

functions of the law

As to functions of the law as them understand following of its maintenance and appointment the basic directions of legal influence on public relations. Two main functions of the law – regulatory and protective.

Regulatory function is directed on regulation, streamlining of public relations, an establishment of rules of behaviour of people. In regulatory function the main appointment of the right is shown – to order public relations.

Protective function is directed on protection of the most important for life of a society of relations. The given function has the problem to provide requirements of laws, to establish a regime of legality in a society.

Beside named, the law carries out some additional functions. It is possible to carry to them educational, ideological, information, etc.

To principles of law it is possible to carry: humanism, legality, democratism, an internal coordination, etc.