Modern relations in society are inconceivable without the establishment of certain norms of interaction, which sometimes take very complex forms. And therefore, quite naturally, the question arises of what is a right and how necessary is it?
Many views of the one
The classic formulation, which is supposed to explain what law is, reads: "This is a community of norms recognized by society and the state, designed to regulate relations in them." The definition is quite vague and does not include all aspects of such a complex phenomenon. Therefore, it needs to be corrected.
Throughout the existence of human civilization, people have tried to set boundaries for what is permitted. In the beginning, these were customs, i.e. rules that have been established through repeated application. After that, in their place came the decisions of the leaders, which, with the advent of the state, were transformed into laws. Based on this logical sequence, we can conclude that law is a set of customs, decisions and laws. And again, a controversial definition, since the interstate aspect of relations is excluded, such as, for example,military or commercial. And, therefore, whole “layers” of regulators, such as, for example, international trade law, remain out of attention. In this case, it is better to turn to theories that explain the essence of law.
Theories of law - 5 scientific views on the problem
Jurists have not yet developed a consensus on what constitutes law. For this period of time, 5 main theories are widespread in science, which are successfully applied in the modern world.
Psychological theory of law. Represents this phenomenon from the point of view of division into positive and intuitive law. Thus, positive law is all norms of behavior emanating from the state and its structures. The intuitive is a reaction, a certain effective attitude of the individual to the established rules. Accordingly, the law acts here as a certain cultural regulator of relations.
Natural legal theory. It is based on the fact that law should be a set of such norms that are a reflection of the fair principles of human nature. This theory divided law and law, positive and natural beginnings in law, and also laid down the principle of morality in law.
Normativist theory determined that law is just norms established by the state and its structures.
Positivist theory believes that the answer to the question of what law is can be formulated as: law is powerthe will of the state. Unlike the previous theory, in which the norms of the law include natural rights, in this one the individual acts as a derivative subject from the state.
Socialist theory says that law, in its essence, is only a material fixation of emerging social relations, regardless of the national or geographical factor. And therefore, all participants and their subjective rights and obligations should be included in the phenomenon under consideration.
As you can see, all five theories contain separate elements that reflect the real situation in the field of jurisprudence. However, none of them gives an exact answer to the question asked. And so it seems right to combine them.
So, so what is a right? This is a mechanism based on the natural rights of a person, regulating his relationship with other people and the state through fixed mandatory norms.
