t when this approach is taken as given, as external to the individual system of rules designed to govern its behavior are ignored natural and moral principles in law (except for "broad" understanding), absolute state influence on the legal system. But at the same time understanding the rights should be covered and pravoutvorennya laws and legal superstructure place throughout the public system, and law in action - a combination of standards with real human activities. positivists historical school (G. Hugo, Savigny, KF, G. Puhta) understands law as a product of the national spirit, the consciousness of the people who lived and manifested in the relationship of its representatives. Right, like language, is an integral component of the people or the nation and develops similar laws [17, p. 94]. of rights effected by the gradual opening of the national spirit in the historical process. People's spirit determines the characteristics of public justice, and it blossoms in the law. The most comprehensive and consistent source of national spirit is folk customs. Laws also reflect people's sense of justice. But most people's minds is expressed insofar as perceived correctly and consistently carried out by the legislator. Therefore the main task of the legislator lies in identifying and fixing the laws of the national spirit. Formation of rights goes to the laws of objective necessity, and not at the request of individuals or bodies. The state, its agencies not invent laws and authorize the existing social order. to representatives of the historical school of law, every nation is inherent in its spirit and, consequently, their own sense of justice. Therefore, the law of one nation may not be suitable for other peoples and nationalities. To the people had a right to which he responds to discover his spirit, and this can only be achieved by conducting historical research. And the deeper leaving in the history of the people of the researcher, the more accurate and complete will the knowledge of the national spirit and the processes of its development. basis for the approach to the understanding of the law, which can be called "genetic" was the Marxist formula that class will, which forms the law determined by the material conditions of life of the class. genetic approach to understanding the law has developed in two directions. Supporters of one of them sees legal as early as objective preconditions law. Thus, according to EA Lukashov, "social conditionality of rights - not only determination of its content reached the level of social development, but also that certain public relations is programmed as legal" [14, c.208]. to another right direction does not coincide with its source material, but the content adequate to it. Supporters of this area believe that the right to admit only such regulatory system, the content of which meets certain requirements such as: reflects the objective needs of society expresses functions equi...
