“权利”和“法律”概念的概念和范畴结构及其关系

N. Melnyk
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引用次数: 0

摘要

在今天的背景下,“权利”和“法律”的定义变得越来越重要,因为权利是一种规范的庄严正义,而法律是社会关系的汇编器。本文旨在厘清“权”与“法”定义的内涵与本质,厘清二者的关系与区别,并在此基础上反思各自的法学视野。本文研究的理论和方法基础是历史与法律方法、结构与功能方法、比较方法。对“权”和“法”定义的内容和本质进行了思考。澄清了社会之外产生的自然法和国家创设的成文法等法律现象的本质和认识。乌克兰研究人员目前对实在法和自然法的共同特征和独特特征的看法,这些特征不同于人们制定的某些行为规范,以确定法律允许什么和不允许什么,并以法律的形式表达。考虑到自然法的共同特点,决定了自然法填补了成文法的空白,因为人的行为不是由人自己决定的,而是由支配他的正义与合法性相结合的法律决定的。确定了成文法发展和存在的主要途径,包括习惯法、法官法和立法者法。成文法的主要特征包括:强制性规定;国家确定的法律和其他来源的规范的表达;正式确定;国家安全。自然法的规范和原则在本质上是绝对的,它证实了一个真理,即人类不能生活在一个一切都是相对的、只依赖于契约基础的世界里,而契约基础是由人民自己制定的。研究人员在对某一特定问题的科学认识过程中所使用的“权”与“法”概念之间的关系和区别,并以此来充实其研究现象
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Conceptual and Categorical Apparatus of the Concepts of “Right” and “Law” and Their Relationship
In today’s context, the definitions of “right” and “law” are becoming increasingly important, because right is a normatively enshrined justice, and the law is the compiler of social relations. The aim of the article is to clarify the content and essence of the definitions of “right” and “law”, to determine their relationship and difference and to reflect on this basis their own vision in jurisprudence. The theoretical and methodological basis of the study is the historical and legal method, structural and functional method, comparative method. The content and essence of the definitions of “right” and “law” are considered. The essence and understanding of such legal phenomena as natural law that arose outside society and positive law created by the state are clarified. The current views of Ukrainian researchers on the characteristics of common and distinctive features of positive and natural law, which differ in certain norms of behavior created by people to determine what is allowed and what is not legally allowed and are expressed in the form of laws. Considering the common features, it is determined that natural law fills the gaps in positive law, because human behaviour is determined not by man himself, but by the law that dominates him with a combination of justice and legality. The main ways of development and existence of positive law are identified, among which are customary law, law of judges, law of the legislator. The main features of positive law, which include mandatory regulations; the expression of norms in laws and other sources determined by the state; formal certainty; state security. The norms and principles of natural law, which are absolute in nature, confirm the truth that man can not live in a world where everything is relative and rely only on contractual bases, which are formulated by the people themselves. It is proposed to conduct research on the relationship and distinction between the concepts of “right” and “law” used in the process of scientific knowledge of a particular problem with which the researcher substantiates his research phenomenon
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