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Реферат The concept of wide comprehension





nother group under the law understood ideas, norms and attitudes, and the third - right equated with a system of social relations, etc. [3, c.17]. characteristic feature of the broad legal understanding is that all the theories, concepts, etc., justifying a broad understanding of the law, seeking to overcome the negative features of narrow comprehension. However, they are able to achieve this in different ways: some of the most someone to a lesser extent. It should be noted that, overcoming the disadvantages of a narrow understanding of the law school, based on a broad comprehension, have in turn very serious shortcomings. main disadvantages of wide comprehension due to the fact that within the theories that shape it, very often negate the regulatory side of the law (sometimes completely denying it), and push the state in legal proceedings on the background (or even the third, fourth etc.). And the school wide comprehension, trying to maintain these essential features of law as state-willed nature and normativity, is inherently eclectic, contradictory and difficult to deploy the whole legal theory [5, c.19-20]. the same time, a broad comprehension proves very important for society and the individual position in the legal field, and in particular:

Right in essence and content must meet the ideas of society and the individual of the proper, ie, to be fair;

Law should not hinder the development of social relations, and promote their development;

The state and its individual members can not violate those rules, principles, ideals, etc. in legal reality that society perceives as necessary;

Right - a living social organism that develops and plays an independent role in the system of social relations;

Has the right not only to external mechanisms for its implementation, but it is largely implemented through involvement of the right of psychology relevant social actors (both individual and collective);

The right is realized not only in the context of the corresponding state mechanism, but also suggests involvement in legal processes of private institutions, such as ideology, morality, culture, etc. of the present stage of development of the domestic legal science is a tendency in the justification of integrative or natural law approaches to understanding law. However, it is also problematic comprehension, this trend is not adequately reflected in the theoretical constructs (including interpretation of sources, forms, tools and so on right). World-wide legal theory in general continues to evolve within a narrow comprehension (more specifically in this case to talk about normative comprehension) [8, 206]. comprehension oriented to the right in legal, justice, law enforcement acts of subjective rights. However, the basis of the nature of law, this approach can not be taken. Proponents of this t...


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