Differences between the norms of law and other social norms. Basic social norms. The concept of the rule of law. Difference between legal and social norms Differences between the rule of law and other social norms

Having started studying the course "Jurisprudence" in the ninth grade, I discovered a lot of new things for myself. One of the first topics of the lesson was: "The difference between law and other social norms." Ever since that time, I was interested in this question, which is why I chose this topic.

Before considering this topic, let's get acquainted with the definitions: "right" and " social norms". So, law is one of the types of regulators of social relations. Social norms are generally accepted rules, patterns of behavior, standards of activity that ensure orderliness, stability and stability of social interaction of individuals and social groups. The set of norms operating in a particular community constitutes an integral system, the various elements of which are interdependent.

At first glance, these two concepts are quite similar. However, this is not quite true. Let's try to figure it out.

One of the signs of law is Normativeness (it establishes rules of conduct of a general nature). In other social norms, there is also such a sign, but since they are not written in nature, then it can be done or not.

The next sign is general validity (the action applies to everyone, or to a large circle of subjects). The action of other social norms usually applies to groups of people, both small (families, sports teams, friendly companies, work) and large (for a particular nation).

These signs of law, in my opinion, most distinguish it from other social norms. Another feature of the law is its guarantee by the state (supported by measures state coercion), that is, even if a person does not like something, he is obliged to do it. This cannot be said about other social norms: they are not backed up by measures of state coercion. An important feature is formal certainty (the rules of law are expressed in an official form). The rest of the social norms are expressed orally.

Intellectual-volitional character is also a sign of law. Law, like other social norms, expresses the will and consciousness of people.

So, the unity of law and morality is expressed in the fact that, firstly, they are a kind of social norms, which in their totality constitute an integral system regulation and therefore have certain common features; they have, in principle, a single normative nature.

Secondly, law and morality, if viewed from a philosophical standpoint, are superstructural categories, equally conditioned by economic, cultural and other determining factors and reasons, which makes them socially of the same type.

thirdly, they rely on a single political foundation - real democracy, democracy, legitimate statehood, representing the interests of various strata and groups of the population.

Fourth, law and morality have the same object of regulation - existing public relations(only, as is obvious, in a different volume), and both of them are addressed to the same people and collectives.

Fifth, law and morality, as normative phenomena, determine the boundaries of the proper and possible actions of subjects, serve as a means of harmonizing personal and social needs.

Sixth, they, being regulators of human activity, are based on the free will of the individual, the possibility of his choice of options for behavior (in otherwise neither legal nor moral responsibility can come).

Seventh, law and morality ultimately pursue the same goals and objectives - ordering and improving public life, the introduction of organizing principles into it, the development of personality, the establishment of the principles of justice, humanism.

Eighth, both law and morality act as fundamental, general historical values, indicators of the social and cultural progress of society, its creative and disciplining capabilities. The purpose of the law is “to establish the common life of people so that collisions, mutual struggle, fierce disputes, etc. will occur. spent as little mental strength as possible. " This, in essence, is the purpose of moral norms.

However, along with the general features considered, law and morality also have significant differences, they have specific features. For legal science and practice, taking into account the originality of these phenomena is, perhaps, more important than stating their generality.

That is why the anthological statuses (signs) of law and morality deserve the most careful analysis.

So, the distinctive features of the considered phenomena are as follows. right social morality guarantee

Law and morality differ primarily in the ways of their establishment, formation, sources. Legal norms are created or sanctioned by the state and only by the state (or, again, with its consent, by some public organizations), it is also canceled, supplemented or changed by it.

In this sense, the state is the political creator of positive law; lawmaking is his exclusive prerogative and one of his main functions.

Therefore, law expresses not just the will of the people, but its state will and acts not just as a regulator, but as a special, state regulator of social relations.

Morality develops in a different way. Its norms are not created directly by the state, but by the entire society. They constantly arise and develop in the process of practical activities of people, their mutual communication.

In order for a moral norm to gain the right to exist, the sanction of the official authorities is not needed: it is enough for it to be recognized, “sanctioned” by society, class, social group, collective - those who intend to be guided by it. "Moral commandments cannot be the subject of positive legislation."

This does not mean at all that the state has no influence on the formation of morality. Such an impact is exerted along many lines: through law, politics, ideology, the press, the entire system of relations, but it does not directly postulate moral norms.

In any state, only one law is in effect, the right generated by it, while morality is not uniform and homogeneous. It is differentiated in accordance with class, national, religious, professional and other divisions of society. This once again shows the genetic connection between law and the state and the lack of such in morality.

Law and morality differ, further, according to the methods of their provision. If the right is created by the state, then it is ensured by it, protected, protected. Behind the law is a coercive apparatus that monitors the observance of legal norms and punishes those who violate them (applies legal sanctions), because the rule of law is not a request, not advice, not a wish, but an imperious demand, command, prescription addressed to everyone members of society and backed up in their own interests by the ability to force, force. In this sense legal regulations are generally binding, indisputable.

Thus, in the law, there is objectively a coercive moment, without which it would not be an effective regulator of people's life, an instrument of power. This does not mean that the law is confirmed in life only by the "punishing sword". The threat of coercion is potential in case of conflict with the law.

In this regard, one cannot but touch upon the now popular principle: "everything that is not prohibited by law is permissible." It was put forward in the midst of "perestroika" and was enthusiastically picked up by the press, but lawyers even then warned against excessive euphoria and possible unfavorable consequences of its implementation in the specific conditions of our country. In particular, it was noted that the motto "everything that is not prohibited is permitted" presupposes a certain prudence, prudence, and responsibility. Its practical implementation requires a certain level of political and legal culture, consciousness, awareness, the ability to correlate personal and public interests, a correct assessment of those life situations in which the subject finds himself, adherence to generally accepted moral norms. Under this slogan, violations of the law, manifestations of willfulness, subjectivism, and arbitrariness are possible.

In the conclusion of my work, I would like to recall the words of Hegel: "Something quite permissible from the point of view of law may be something that is prohibited by morality."

Drawing on social science knowledge, name any three differences between legal norms and other social norms.

Read the text and complete assignments 21-24.

Social norms represent those basic forms and means by which the regulation of behavior and social relations of people is carried out. They in a concentrated form express the objective need of any society to streamline the actions and relationships of its members, to subordinate their behavior to socially necessary rules. Thus, social norms act as a powerful factor in the conscious and purposeful impact of a social community on the image, method and forms of people's life ...

Since its inception, law began to play an important role in the system of social regulation. For all its relative

independence law, like other types of social norms, carries out its specific regulatory functions not in isolation and separately, but in a single complex and close interaction with other social regulators ...

A special type of social norms are corporate norms, that is, norms adopted by public associations and regulating relations between their members or participants ...

Recorded in the documents of a public association ( political party, a trade union, a public initiative body, etc.), the norms apply only to members and participants of a given public association and are binding only for them. Violation of these corporate norms entails the application of appropriate sanctions provided for by the organization's charter.

Corporate norms (in terms of their regulatory significance, scope, range of addressees, etc.) are group norms

inside organizational nature... In essence, corporate norms are not a product of the lawmaking of public associations themselves, but only a form and method of using and implementing constitutional rights citizens to unite, and the creation and activities of public associations, including their rule-making, should be carried out on the basis and within the framework of the law, in accordance with the universal requirements of law and legal form public relations (observance of the principle of legal equality, voluntariness, interrelation of rights and obligations, etc.) ...

(V.S.Nersesyants)

The set of what criteria, according to the author, underlies the classification of corporate norms as group norms of an organizational nature? Who does the corporate code apply to? Which document contains the sanctions for violation of corporate norms?

Explanation.

1) Answer to the first question:

Regulatory significance;

Scope of action;

The circle of addressees.

2) Answer to the second question:

Corporate norms apply only to members and participants of this public association and are binding only for them.

3) Document:

Articles of association.

Source: Unified State Exam on April 22, 2015. An early wave.

What objective social need do social norms express? Name any two types of social norms not mentioned in the text, briefly describe the essence of any one of them.

Explanation.

The correct answer must include the following elements:

1) The need must be indicated:

They express the objective need of any society to streamline the actions and relationships of its members, to subordinate their behavior to socially necessary rules.

2) The following social norms can be cited with the characteristic:

Moral norms (informal rules of behavior accepted in society that reinforce ideas about good and bad, right and wrong, good and evil)

Customs (a model of behavior transmitted from generation to generation in a particular socially typical situation, which is reproduced by people and is familiar to them);

Religious norms (rules of conduct determined by a particular religious system);

Legal norms (generally binding rules of conduct governing key social relations and protected by the state under the threat of applying measures legal responsibility).

The rule of law is:

1) primary cell, basis, element of the system of law. The rule of law is characterized by all the main features of law as a special social. phenomena. At the same time, it is impossible to confuse the concepts of law and the rule of law, since they do not coincide. Law and unit legal entity the norm should be related to each other as a whole and a part, which, together with features of similarity, have their own characteristics and differences;

2) are relatively independent. phenomenon that has its own. specific features that concretize and deepen our knowledge about law, its essence and content, about the mechanism of regulatory impact on social relations;

3) the only one among the social. norms, which comes from the state. and is the official expression of the state. will.

Rule of law is an established, protected state. a rule of conduct that defines the rights and obligations of persons in regulated public relations.

The structure of the rule of law - this is its internal structure. Towards structural elements of the rule of law include:

hypothesis - part of the norm, indicating the fact. situations., upon the occurrence of which the established rule should be fulfilled;

disposition - a part of a rule containing the very rule of conduct, indicating the rights and obligations of the parties in a regulated relationship;

sanction - part of the norm, stipulated. measures will force. impacts applied to violators of this rule behavior.

Signs of the rule of law:

1. formal certainty: has a textual form;

2. consistency: int. structure (hypothesis, disposition, sanction); connection with other norms of law;

3. general: reusable;

4. generally binding: in case of violation, the state is possible. compulsion;

5. the norm comes from the state, expresses its will;

6. regulates societies. relationship is a kind of social. norm.

Classification of legal norms:

1. By place in the system of legal regulation:

A) starting (atypical) norms:

Definitions (define legal concepts- citizenship, theft);

Principles (consolidate the fundamental principles of law);

Declarations (proclaim the form of the state, the foundations of the constitutional order);

Targets and goals;

Conflict norms (establishing rules for resolving contradictions between norms etc.);

Operational norms (put into effect and terminate other norms);

B) norms - rules of behavior.

2. By structure:

Ideal: sod. three elements of the structure - a hypothesis, a disposition. and a sanction;

Real: contain hypothesis and disposition (regulatory) or disposition and sanction (protective).

3. By functions of law:

Regulatory: establish the rights and obligations of subjects of law;

Protective: establish prohibitions and punishments.

5. By industry: constitutional law, civil law, criminal law, etc.

6... By the method of legal regulation:

Imperative: def. only possible. option is legitimate. behavior, on their basis relations of power and subordination arise;

Dispositive: provide an opportunity to choose the most appropriate option for legal behavior.

The rule of law differs from other social norms:

1) only it is characterized by formal certainty, which is expressed primarily in the fact that a legal norm is published or sanctioned by the state. organs .;

2) it is the only one among the social. norms, which are supported in its implementation, are protected from violations by the force of the state.

The rule of law consists of two types of generally binding legal prescriptions: rules of conduct and basic rules.

Rules of conduct are directly regulatory norms, norms direct regulation... They set when appropriate. conditions the measure and type of protected state. proper and possible behavior of participants in public relations, their subjective rights and legal obligations... These rules of conduct form a significant part of the legal regulations.

The norms of law have significant differences from other social norms.

1. Legal norms, as a rule, are created by the state. They cannot be changed or canceled by citizens, public organizations.

They can be changed or canceled only by the corresponding government bodies.

Other social norms are created by people themselves, public organizations, and they can change or abolish them. They can be changed or canceled by the state if they contradict the norms of law.

2. The implementation of the rule of law is ensured by the imperious power of the state. Fulfillment of other social norms - either by society itself, people, or by relevant social, religious and other formations.

3. In case of violation of the rule of law, the state powerfully brings the offenders to legal responsibility, applies various penalties to them.

Violation of other social norms does not entail such state activity. Measures of influence on violators are taken either by citizens themselves (for example, moral condemnation), or by organizations in accordance with their charters.

4. The rule of law is always expressed in certain written acts, for example, laws. Other social norms, for example, the norms of morality, morality are not fixed in writing, but are contained in the minds of people. Some non-legal norms, for example, the norms of public organizations can be expressed in their written statutes.

5. The norms of law form a single hierarchical and interconnected system. Other social norms do not have such a system. They are divided into separate and independent groups: norms of morality, ethics, customs, etc.

6. The rule of law regulates the most important major social relations. Other social norms regulate less significant social relations, for example, the mutual behavior of citizens in public transport, at a meeting of members of a public organization, in the process of worship, etc.

The rule of law and other social norms may overlap in their requirements. In this case, they jointly regulate the behavior and activities of people.