Theory Characteristics of the Features of Law that Express its Positive Essence
Abstract
Nowadays, scientific thought pays little attention to coverage of the essence of such features of law as systematicity and universality. They are the ones that cover the internal structure of appointment and the role of such a category as ‘positive law’. The essential features of positive law reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’. The term ‘positive law’ means a rule of conduct that is accepted and sanctioned by the state and is universally binding. The purpose of the paper is to determine the essence and features of positive law based on a correct understanding of the features that describe this phenomenon, as well as are key factors in legal consciousness. The essential features of positive law presented in the paper reflect the central formula of this category, which reflects the quintessence of the concept of ‘law’; this formula can be supplemented and modified, but it cannot be left out without compromising the full coverage of the content, structure, and mechanism of law.
References
[2] Erlich, E. 1913. Grundlegung der Soziologie des Rechts. Duncker and Humblot.
[3] Jouvenel, B. 1967. On Power: The Natural History of its Growth. Beacone Press.
[4] Leist, O.E. 2008. The essence of law. Problems of Theory and Philosophy of Law. Zertsalo.
[5] Lloyd, D. 2002. The Idea of Law. Yugona.
[6] Marchenko, M.N. 2008. Problems of the general theory of state and law.TK Velbi, Prospect Publishing House.
[7] Sheindlin, B.V. 1959. The essence of Soviet law. Leningrad. Publishing house of the Leningrad University.
[8] Shemshuchenko, Yu.S. 2007. The Great Encyclopedic Law Dictionary. Yuridichna dumka.
[9] Shemshuchenko, Yu.S. 2010. At the crossroads of centuries. Selected works. Yuridichna dumka.
[10] Trubetskoy, E.N. 1998. Encyclopedia of Law. Publishing House St. Petersburg Legal Institute.
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