Open AccessTHE MECHANISM OF LEGAL REGULATION: PLACE OF THE SOURCES AND ORIGINS OF LAW IN ITS STRUCTURE
Author(s) -
Михаил Юрьевич Спирин
Publication year - 2020
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2020.1.5
Subject(s) - mechanism (biology) , law , empirical legal studies , philosophy of law , political science , sociology , law and economics , legal research , public law , epistemology , philosophy
The paper analyzes some features of the definition and elemental composition of the mechanism of legal regulation, clarifies the importance of instrumental (legal) and social (sociological) approaches to the nature and essence of the mechanism of legal regulation. The author of the paper indicates some peculiarities of the place of sources and origins of law in the structure of the mechanism of legal regulation depending on their nature and level of regulatory impact on social relations. A distinction between formal (formal and legal) and volitional sources of law as well as the sources of law as principles of legal regulation and as law-creating factors is established; the conclusions about the possibility of including these phenomena in the corpus of the mechanism of legal regulation are drawn.