Социально-психологические особенности права

ТЕОРИЯ ГОСУДАРСТВА И ПРАВА Эргашева М. З. Право состоит из системы общих обязательных для исполнения норм или правил поведения. Понятие общей обязательности в исполнении требования показывает обязательность подчинения ему всех членов общества. Это понятие появляется одновременно с правовыми нормами, с ними развивается и изменяется. В статье освещены социально-психологические особенности права.

It is known that the law serves as a means of communication between society and the state. The law brings to the social consciousness of society the public policy, goals and aspirations. In turn, society sees in law the provision of equity, set of its will and interests.

State power by means of law governs the society, puts in order the social relations and carries into effect its will. It is this purpose that causes a need for the formation of law. The law appeared at the same time with a state at a certain period of human development, as a result of social need. Then the law being a social event emerged as a product of human development. Analyzing the law as a social event and the concept we highlight below the following features and characteristics of law.

Primarily, the law is a set of rules for the human conduct in society. These rules are not a random set of rules but ordered and time-proven one. As other systems, it is a set of interrelated, identical, well-ordered elements. Legal norms or rules of conduct in society look exactly the same. From the inside the system should be integral and devoid of complications. Connections occurred between some norms-elements should be directed to perform tasks such as ordering the system parts as they are in the whole to achieve this goal.

Law is the system of certain rules of conduct manifested or authorized by the state. There are numerous social norms, but only legal norms are determined by the state. All other rules are determined and developed by various non-governmental, social organizations, associations and parties. The law always denotes the state will. However, the state will, in turn, conforming to the legal concepts of science, unites will of leading group, public, society or nation.

It is known from the world experience of establishing state and law and all activities that the will of predominating class is manifested in law. At the same time, the predominating class must consider the will and interests of the subordinate classes being in fear to lose its privileged position.

The law consists of the system of general binding norms or rules of conduct. The concept of general binding nature in fulfillment of the requirement shows obligatory subordination of all members of society to this rule. This concept appears simultaneously with legal norms, develops and changes along with them.

Law is protected and provided by the state. The state can't be indifferent to the fate of produced documents, creating the optimal conditions for their realization, protects them and guarantees their inviolability.

We should note that the law is a multifaceted, complex, social situation event.

We can give a definition to law: law is the set of norms of conduct of society members which are established or sanctioned by the state, enforced by the state and have common to everybody binding nature.

The value of law appears in its establishment of standards of liberty and responsibilities of the society members, as a means of ensuring social justice in society, as a security of advanced positive requirements and interests of society. Professor Kh. T. Odilkoriev discovered socially significant features of law. Firstly, the law has value being a means of influence. It can ensure in people's actions initiative, solidarity, equality, mutual understanding. With such effect the law ensures order and stability of the system of social relations, provides a degree of enlightenment of society. Secondly, the value of the law is that reflecting the general will of the participants of the social relations it promotes development of relationships necessary for all society and for each individual. Supreme value of law appears in bringing to the normal condition which means uniting of various personal interests by influencing the behavior and activities of people. Thirdly, law ensures liberty of the individual in society, manifest itself as the level of freedom. This is not primarily a manifestation of the value or potential of individual liberty, but identification of the boundaries and norms of freedom. Fourthly, the value of law is determined by the ability to reflect the ideas of justice. In fact, the word «justice» is a logical synonym for such words as «truth» and «law.» Fifthly, value of law makes itself evident in a fact that it is a source of social development updating, a powerful factor in the progress of society.

It is known, that the law consists of rules of conduct for members of society that have generally binding nature ensured by the state. They constitute a system of norms or a set of interrelations. All legal norms differ from each other, yet have common properties. They differ in pertaining to the various branches of law and the state and in the body which introduced them.

Legal norms have legal power, are constantly consolidated in certain laws and regulations, and finally, are common mandatory rules of conduct. But this identity is condition apparent from the external side, lying on the surface. It is the will of the whole society manifested in mutual consolidated internal norms forming the system. This will constitute the essence of law.

Modern jurisprudence knows several theories about the nature of law. One of them is the psychological theory of law. It occupies a peculiar place in the system of theories. Some scholars addressing law introduce into it the concept of legal consciousness apart from the concepts of legal norms and legal relations. This brings into the action the psychological theory of law.

This theory was logically fully-fledged in the twentieth century. Petrazhitsky, Ross, Reisner and others are the representatives of this theory in Europe. The representatives of the psychological theory associated the appearance of law in human society with the psychology of one individual or group of individuals. They believed that the law was formed as a result of emotional distress, psychological trends. The main ideas of this theory are as follows:

1. The human's mind (psychology) is a factor of social progress that is development of the norms of conduct in state and society.

2. The idea and essence of law is not transmitted through the activities of statute owner but through the psychological regularities, which are legal senses (“imperative and attributive character"), that is through the set of some legal representatives „(attributed norm, through some obligations)."

3. All legal senses are divided into two parts.

1. Positive (established by state)

2. Intuitive legal senses (personal).

Intuitive law actually arranges the norms of human conduct, that's why we should consider it as „true law".

Positive features of this theory are as follows Firstly, in understanding law attention is drawn not only to the economic, political processes but also to the psychological ones. This means that making laws requires taking into account social psychology, the structure of the psychology of individual.

Secondly, it increases the role and importance of law in society system, arranging rules of human conduct in society.

Thirdly, a person is searching for a source of law not in statutes, but in human psychology.

At the same time the excessive attention to psychological factors significantly decreased the emphasis given to the social, economic and political factors. Founder of the theory of understanding of law through the psychology L. I. Petrazhitsky explains the concept of «law» by dividing it into the following formal and informal, objective and subjective, intuitive and positive types. In legal practice, in particular in application of laws and regulations the findings of psychological theory can be turned to good advantage.

Knowledge of the psychological mechanisms of legal norms of human conduct in society is very important. This makes it possible to accurately and clearly define professional goals of law enforcer, provides a basis to determine the enforcement of law motives. Law is essential as the regulating force, able to put in order the social relations. All this means the exceptional place and role of law in the life of society.

Теория и история государства и права