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Реферат The concept of wide comprehension





ore, existing in a society much broader right established by the state regulatory requirements and includes the totality of psychic experiences of people and not just her. Natural manifestations of psychological experiences representatives of this theory is found in ants, chimpanzees and other animals and insects and thus recognize their legal entities with someone. right is not seen as a social phenomenon, connected with the state, but as a somewhat intuitive, as a phenomenon that exists in the field of emotions, individual mental human experiences. Thus, government coercion is not acting as a significant criterion of law. In the foreground the personal attitudes of the individual. positive is that this theory draws attention to one of the most important aspects of the legal system - psychological. You can not cook and make laws without examining the level of legal culture and justice in society, one can not apply the law, not considering the psychological characteristics of the individual. , Correctly highlighting some psychological aspects of law, the doctrine dissolves right in the individual psyche, making it identical to justice, thereby ignoring the real objective nature of law as a complex phenomenon of social life [3, c.14-18]. most common in our country, the normative concept comprehension (or positivist). Right - a system of mandatory, formal set of rules that express and are designed to ensure the freedom of behavior in its unity from liability and thereby act as a state-powerful criterion of lawful and unlawful conduct. This definition gives the right SS Alekseev. the above definition clearly enough expressed normative view of law, which has many supporters, especially among practical lawyers, as well as among scientists - representatives of sectoral legal disciplines. Supporters of the main regulatory approach consider legal rules - legislation and other acts, and guided them and each lawyer practices in their daily activities. p align="justify"> Supporters of the normative approach considering law as a set of rules that contain the rules of "good behavior." This approach lies in the fact that the law is distinguished from other social norms (customs, traditions, moral, political, religious norms) on certain grounds. of same "broad" understanding of the law (VS, RZ Livshits et al.) Based on the fact that the right is not identical legislation. In the understanding of the law emphasizes the special role of moral and legal, political and other principles. positive value lies in the fact that this approach, firstly, enables you to create and improve the system of legislation, and secondly, provides a specific regime legitimacy, uniform application of the law, and thirdly, provides certainty formal law to clearly define the rights and obligations of the subjects fix measures and means of state coercion [16, c.204-205]. for all its positive aspects, regulatory approach to understanding the law is still one-sided. Righ...


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