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Systems Approach Conception of Legal Regulation
Author(s) -
Maria A. Kapustina
Publication year - 2018
Publication title -
journal of the university of latvia law
Language(s) - English
Resource type - Journals
eISSN - 2592-9364
pISSN - 1691-7677
DOI - 10.22364/jull.11.09
Subject(s) - normative , mechanism (biology) , legal realism , legal research , jurisprudence , legislature , empirical legal studies , legal formalism , political science , context (archaeology) , diagrammatic reasoning , popularity , law , law and economics , sociology , private law , epistemology , computer science , comparative law , black letter law , paleontology , philosophy , biology , programming language
The article is devoted to the problem of the formation of systems approach conception of legal regulation in the context of integrative jurisprudence. Today the mechanistic approach to legal regulation retains its popularity. However, the mechanistic approach fails to take into account all the diversity interlinkages, relations and processes occurring in the legal reality, the sociopsychological and informational aspects of the interaction of subjects. The legal regulation does not completely match the legislative mechanism of purposeful state influence, law making and the application of the law of different government bodies and officials. The article points out that the systems approach conception of legal regulation allows to overcome diagrammatic mechanism design stages of state normative regulation and to consider the legal regulation as a complex system of interrelated norms (legal establishment) and legal relationships, legal consciousness and legal principles during information transmission in jural relations, solve the complicated scientific and practical problems of legal regulation.

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