Open AccessTheory of state and law on legal influence
Author(s) -
Lyudmila N. Berg
Publication year - 2018
Publication title -
pravo i upravlenie. xxi vek
Language(s) - English
Resource type - Journals
eISSN - 2587-5736
pISSN - 2073-8420
DOI - 10.24833/2073-8420-2018-1-46-43-53
Subject(s) - analogy , normative , empirical legal studies , element (criminal law) , legal realism , legal research , identification (biology) , law , legal profession , management science , sociology , epistemology , political science , law and economics , engineering , philosophy , botany , biology
. The article analyzes the legal impact as a systemic structure. The main emphasis is on the possibility of its recognition as an artificially natural open complex system, which requires revision of the theoretical and legal concepts of the phenomenon under study, its structure and the place in the theory of state and law.Materials and methods. The methodological research is based on general scientific and special methods of knowledge of legal impact as a system, including analysis, synthesis, analogy, generalization, comparison. The use of the system approach allowed revealing the dynamic nature of the legal impact, the element-by-element nature of changes in the legal system and in society.Results of the study. The identification of a special quality of legal impact – its system, requires the use of systematic methodology. In this case, there is an opportunity to reveal the potential of legal impact, taking into account not only its normative core, but also the multi-factor interaction with the external environment, culture, socio-economic reality, forms of legal and psychological impact.The arguments in favor of a systematic approach in the theory of state and law, without denying the instrumental approach, contain statements about the interdisciplinary nature of the legal impact, new opportunities for a detailed study of the intensive relationships and interactions between its elements as a system, to approach the solution of problems about the composition and legal nature of such elements.Discussion and conclusion. In theoretical and practical studies of the nature of legal impact, it is important to find and characterize its complex system levels, series and elements in a timely manner, which expands the horizons of not only its understanding, but also increases efficiency through the expansion of forms of legal impact in the improvement of national legislation. In this context, further research on the theory of state and law is extremely necessary: the study and description of the legal statics, the dynamics of the legal system, their methodological justification give a new impetus to the representation of legal reality experiencing dynamic changes.