Laws in the system of social norms: their role and structure
In the system of social and interpersonalso-called social norms play an important role. They are some rules governing the activities of organizations, the behavior of people in different life situations, their relationships. Such social norms may be
traditions, rituals, customs, taboos andetc. However, in this category, several species are distinguished at once, different in nature, the way of providing and supporting, sources. So, for example, the rule of law in the system of social norms (in other words - legal provisions) is distinguished by the fact that the state itself is the source and guarantor of security. In addition, there are norms of morality (established in the group rules of conduct, non-fulfillment of which leads to conviction on the part of other individuals); norms of customs (established in a specific social environment and due to repeated repetition become the precept to fulfill); the norms of public organizations (which are also rules of behavior, but are mandatory for execution only for members of the relevant local group: pioneers, officers, etc.). Of course, all these categories have unique characteristics peculiar to them only. However, we will concentrate on legal regulations. Actually, the rule of law in the system of social norms can be distinguished
on the following grounds:
- As already mentioned, in the series of social prescriptions they are the only ones coming from the state.
- Form a single set of legal provisions, requirements and penalties.
- Clear system. Different provisions should not contradict each other.
- They represent a measure of free behavior and will of citizens of the country in question.
- The rule of law in the system of social norms is published in a clear concrete form, not involving ambiguous interpretations.
- They have a clearly defined limit to their own actions.
- Supported and protected by all state forces.
- Necessarily are a form of consolidation and realization of the rights and duties of subjects of interpersonal and social relations.
- They are always an imperative order of government structures and express their willful decisions.
- The rule of law in the system of social norms is the only regulator of social relations available to the state.
- They represent certain rules of behavior,mandatory for all categories of the population. In addition, the punishment for non-compliance is prescribed irrespective of property, official, social status.
- Have a general character. Regulate a specific typical social relationship, but do not have a personalized character.
Law in the system of social norms. The plan is structural
The internal structure of this category of social rules of conduct involves the following elements:
- Hypothesis - indicates life circumstances,associated with the entry of the norm into its legal effect. Hypotheses are complex and simple. This gradation is based on the number of its conditions. The form of the expression of hypotheses presupposes its casuicity or asbestosity.
- The disposition is one of the structural elementslegal norms, containing the very instructions of the behavior of the subjects in various social relations and indicating the essence of the content of law, as well as the responsibilities of the subjects. Actually, this is the main element of this system. Dispositions are divided into several varieties. For example, depending on their nature, they can be binding, authorizing and prohibiting. By the way they are expressed they are relative and absolute.
- Sanction - determines the nature and extent of punishment,applicable to participants in interpersonal and social relations, denying the role of law in the system of social norms and violating it. Sanctions also have different forms, depending on the degree of certainty: relatively-specific, alternative, absolutely-definite.
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