table distribution of social benefits; embodies the general principles of social justice, etc. both areas there is an attempt to give meaningful description of the legal system in the class-historical formations or even all formations in general, and on this basis to recognize the right of a "good", "right" right. rights of different ages do not match, it editable and reflects the nature of the particular formation, ruling in her social interests, perceptions and ideas. p align="justify"> "Right can never be higher than the economic structure and caused it cultural development of society" - Marx. , Which is not seen as inflexible set of rules as well as the activities of individuals and legal entities - citizens, government and public organizations that are respected, applied and enforced legal orders are subject to the sociological study that has become widespread in recent decades. On this basis, arose and comprehension, focused on the right to action. Sociological approach to understanding the law can be expressed in the formula HVMaltseva "Right - it is primarily social life" [14, p. 211]. rules state, according to supporters of sociological trends in legal theory - is only part of the law. Along with them there is a "right to live", which is nothing like the actual relations existing in society. Above all, they argue, - the study of the real order, ie those requirements, which are set in a legal norm, and the process of law in society, the specific actions of the participants relationship. In this connection justified the idea of ​​"flexibility Law", in other words, the ability to change the legal norms in the process of application. Hence - the rejection of "nezaperechnosti" law, the requirement of freedom of judicial "discretion." This theory is actually expanding "lawmaking" function of judge and humiliation as a law because the judge is not bound by legal rules and may, at its discretion, decide a particular case, relying on their own intuition. on the study of the social roots of law and its effective parties, representatives of the "sociological" approach (it can also be called "dynamic") try to understand the law as an effective moment of real social life. Right LS Yavych, who argues that "legal norms dead, undead, do not constitute an effective law, if certain conditions can not be implemented in the actual behavior of people." Sociological theory specific structural and functional approach to the law, the legal allocation as basic, most essential elements of the law. The right is not limited law. in Action gives an idea about the meaning of regulation, its ultimate goals. The State will, embodied in the legal rules governing this stage materializes in public relations, giving them legal form. Law in action is its implementation, resulting in legal relations, law, legal behavior. Urehulovanist, law and order, which are provided in the community - the necessary elements of comprehension. It is based on the st...
