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Реферат The concept of wide comprehension





udy of law arose the idea of ​​expanding the subject comprehension, that should take into account not only some legal rules, and the whole mechanism of regulation, the entire legal system. In fact, the effect of law made by the implementation (compliance, usage and application) law. In this case the specified activity involved enforcement bodies, formed relationship, it affects people of justice. In other words, operating complex machinery of the legal system, which is not limited to legal norms. This in turn means that speaking about the law and its understanding, we can not ignore those parts of the mechanism, which is not regulated by law, but without rules can not act. positive aspect of the sociological approach to understanding the law is the desire to know the law in action during operation. This study legal phenomena and institutions pursues the transformation of social reality, namely, the right is seen as a tool for social transformation, a means of reaching an agreement between the interests of different social groups. This brings sociological theory of law with the so-called solidaristic (social) concept of law [12, c.67]. basis of direction or solidaristic social concept of law (Duguit) is the idea of ​​solidarity, that cooperation in the exercise of power of different social strata and groups who participate in political life. According to this theory, every member of society must understand the social function set right idea feel the need to commit certain actions to ensure the solidarity of all members of society. Law serves as the spokesman of solidarity, a tool that protects the "common interests" of all groups. , The social concept, considering the nature of law, presents it as a means of achieving harmony. It aims to find legal means to help eliminate possible social conflicts, ensure order in society. This involves consideration of the law is not in isolation but together with other elements of social reality - the economy, politics, morality - in their functional interdependence and interconnectedness. Hence - the emphasis on the social functions of law in society, for example, as a means of eliminating potential social conflicts, solving other social problems. the social concept of law the necessity of the study of law in its relationship with other elements of the social system. different interpretation of law, its essence give the founders of Marxism. Looking at society as an organic holistic education, which operates and develops objective, independent of the will of the people by laws, Marx and Engels clearly and consistently distinguish between right and law. The right to understand the degree of freedom as members of society. Each class because of its special position in the economic relations of society has its own degree of freedom, their right. The degree of freedom of the members of the class society are not equal, as defined by their belonging to a certain class. Relation classes to t...


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