Jurisprudence of Law

Theories of Law

Libertarian legal theory comes from the fact that the right - it is a form of relations of equality, freedom and justice, based on the principle of formal equality. Accordingly, different law as an expression of this idea and the law as the disposal of the government, which may be either express legal arbitrariness, despotism.

Psychological theory of law comes from the fact that the right is a product of the human psyche. Claims of duty or a person can be considered legal only if they are intrinsically understood by the individual as such.

Basic theory of law

Natural law theory has received its complete form in the period of bourgeois revolutions XVII-XVIII centuries. Representatives: Hobbes, Locke, Radischev etc. The main ideas of this doctrine:

divides the right and the law (along with the positive law, ie, laws passed by the state, there is ultimate, authentic, "natural" right inherent in man from birth. This so-called unwritten law, which refers to the totality of the natural and imprescriptible rights of man and which is a criterion of positive law, because not every law contains the right);

identified law and morality (according to representatives of this theory, such abstract moral values ??such as justice, freedom, equality, constitute the core of law, determine a law-making and enforcement processes);

source of human rights is not seen in the legislation, and in human nature, human rights are acquired from birth or from God.

The normative theory of law most logically complete the form received in the XX century. Representatives: R. Stammler, PI Novgorodtsev Hans Kelsen, etc. The main idea of ??the theory:

source, in particular the concept of Kelsen, is the notion of disposition as a system (pyramid) norms, where at the top there is a "main (sovereign) norm", adopted by the legislator, and where each lower rate derives its legitimacy normally greater legal force ;

bottom of the pyramid are norms individual acts - judicial decisions, contracts, administration regulations, which are also included in the concept of law and which must also meet the basic (especially constitutional) norm.

Pros theory:

true highlights is the defining property rights as normative, and convincingly prove the necessity of subordination of legal norms in terms of their validity;

normativity is organically linked with the formal definition of the right, which greatly facilitates the opportunity to be guided by legal requirements (due to more precise criteria) and allows the subjects to view the content of the most recent edition of the normative acts;

State recognized opportunities to influence social development, because it is the government sets and enforces basic norm.

Weaknesses:

done too much to the formal roll right side, which resulted in a substantial neglect of his party (individual rights, moral principles, legal norms, their compliance with the objective requirements of social development, etc.). Hence underestimation of representatives of this theory right connections with the socio-economic, political and spiritual factors;

Recognizing the fact that the basic norm takes legislator, Kelsen exaggerates the role of the ...