Сибирское юридическое обозрение (Nov 2020)
About the Systemic Understanding of Law and State Power
Abstract
Existing private approaches and types of legal thinking, being opposed to each other, do not allow to fully disclose the role and content of law as a fundamental category of most legal studies, which is reflected in the inconsistency of the obtained research results when viewed from other methodological positions. This usually manifests itself in ignoring the issues of analysis of actual legal relations and the existing sense of justice. Despite the rationale for the use of the integrative type of legal thinking, the issue of the relationship of key elements of law that make up this type of legal understanding is poorly disclosed in the scientific literature, which significantly affects the awareness of its true role for modern legal science.The Author assumes that the existing approaches to the study of law are justified solely for the purpose of conducting private research, but the right being a priori being a broad category by value, should be perceived systematically, which requires its understanding through the prism of an integrative type of legal understanding. The concept of work is the primacy of the systemic understanding of law, which determines the dependence and the need to study the social environment of its existence, as well as the relationship of the main elements that make up the integrative type of legal thinking as the fundamental prerequisite for studying a wide range of different legal phenomena. The answer to the question about the understanding of law will directly depend on the signs of law, the range of sources in which its norms are contained, and, consequently, the criteria for distinguishing between legitimate and illegal behavior, legal and non-legal norms, which also allows to determine the relationship between law, power and strength.
