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Реферат The concept of wide comprehension





of law. If comprehension is formed at various philosophical and legal doctrines, it is considered a doctrinal comprehension. of the law by the ruling elite (the ruling right understanding) is not always inherent qualities such as prevalence and mass, as evidenced by a history of the law and its current state. It is not always the prevailing understanding of the law coincides with the dominant understanding of the law. Last characterized as the most popular and common type of law in a society. Any type of doctrinal comprehension can claim the dominant role of comprehension provided its support of the majority of the population (for example, in various western societies where developed natural law, positivist and other concepts comprehension, the dominant may be one of them). the right thing that would not qualify as such falls within the scope of the objective, then comprehension - the scope of the subjective, because its subject is a human. The subjective nature of comprehension gives rise to some authors believe that the right to fully realize the impossible in principle. However, this opinion is objectionable. Awareness of law and its further streamlining using the concept reflects the position of the subject process of intellectual activity, which is comprehension. This fact indicates that there is no single, unified comprehension, and it determines the existence of pluralism comprehension. One or the other option awareness of law and its perception becomes dominant only on condition that it is recognized by most legal subjects [12, c.68]. of the structure of the legal system is seen by scientists ambiguous: some authors include comprehension as a separate component of the legal system (Yuri Tikhomirov, jumper), while others - do not include (V. Babaev, Protasov). There Development, which is an indirect indication of comprehension as a component of the legal system (AS Alekseev, Y. Kharitonov). Tikhomirov identifies several groups - components in the structure of the legal system. In a separate group he includes comprehension, legal opinions, justice, legal culture, legal theories, concepts, legal nihilism, lawmaking, legal array of enforcement. to S. Alekseev, actually right or positive law, legal practice, legal ideology are the components of the legal system. In turn, legal ideology as part of the legal system in its interpretation of the covers and the right understanding [9, c.89]. that each component of the legal system has its place in its structure, has a different purpose and role in its functioning. However, the central element in this structure is the right understanding of which largely determines the characteristics and peculiarities of each and every components that make up the system. , Law as part of the legal system occupies an ambiguous place in the structure of the legal system. It seems that it is important as a separate component in the structure of the legal system, because not only development, but...


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