Basic concepts of legal understanding and modern consciousness
Attitude to the law as legislative norms,which should be observed, understanding of it largely depends on the national specifics of society, the social conditions in which it lives, on the legal education of even the majority of its members. The basic concepts of legal understanding reflect this.
It's no secret that respect for the law andlaw-obedience is greater in those countries whose cultural, historical and ethical, ethnic traditions are based on the establishment of norms of the rule of law as the basis for ensuring external and internal stability of being. The living standard in such countries is quite high, the economic situation is stable, and the society itself has proper knowledge of legal and legal literacy, knows its rights and obligations well, knows how to defend the first and observes the latter.
The basic concepts of legal understanding are based on such areas as the normative law, the right moral and the sociological law.
- Normative law. This is the system of legal norms issued by the state. It also protects these norms, controls that they are respected by citizens, and punishes in case of their violation. As a matter of fact, in this case it is possible to put an equal sign between the right and the law. Those. in the normative legal understanding it is asserted that the law and legislative norms are one and the same. In this case, the law as some system of norms and law as a legal form differ not in their essence, not in essence, but only formally.
- Sociological Law. The defining concept for this direction is the thesis "right in action". Those. the right here is equal to a certain order in society. The legislative system acts as a part of law. And in itself, the acting law is correlated with the system of social relations. And the legal norms only reinforce or blame those intra-family relations, the relationship of the citizen with the state power, the legal attitude to property that already exist, have developed historically and are undergoing some changes under the influence of time and new living conditions.
- Moral right. Modern concepts of legal thinking point out that justice should be based not only on legal principles, but also on moral ones. It is then that justice will be provided to citizens. Therefore, law and morality must be in firm unity. Thus, in this concept, law is associated with justice, legislation. Moreover, if justice is not connected with the law, will cease to meet legal norms and requirements, it will turn into its exact opposite. Moral norms and ideas of justice should be the basis of law. The main concepts of legal understanding are an example of such a fusion of moral and legislative law, the Constitutions that exist in practically every state, as well as the Declaration on Human Rights, which reflects the basic universal human and moral values. The Declaration is supplemented and concretized with one more document - the International Covenant on Civil and Political Rights. These documents and various amendments to them provide virtually every citizen of any country with the protection of personal freedom and observance of universally recognized moral values.
The main concepts of legal understanding are under thematerialistic foundation. It was Marx, Engels and Lenin who explained the formation of statehood through socio-economic reasons. The materialist theory of law is based on the fact that the state has replaced generic relations and organizations. And the law changed the customs that existed there. The state system is a new natural stage in the development of society. And the right is called to ensure order in it.