The story of law and the way of its formation

The law as a social institution, there is practically together with the state, because in many ways they are designed to ensure the effectiveness of each other. As it is impossible without the existence of a state of law (the latter organized political power, appears often means a policy of a particular state) and right - without the government (which establishes and guarantees apply legal rules).

It is becoming the main organs of the state agencies that control the fulfillment of legal requirements and implement them in the event of breach of the appropriate legal sanctions.

If you accept the fact that the state is due to a life of economic and political governance with all sorts of public affairs, for their actual implementation it had to take mandatory rules of conduct in the form of legal norms or make generally binding legal traditions. Right - the only form in which the state can express its dictates as mandatory.

The causes and conditions that caused the right to life, in many ways similar to the causes of the state. However, between mononormami primitive society and the rule of law there is a deeper continuity than between the tribal government and the authorities of the State. The age-old, proven practices regarded by many generations of the data above as a correct and fair. The most valuable of them were sanctioned by the state.

The emergence of law - a long process which has occurred over many generations. Originally infancy elements of the right, some legal ideas and principles, the rule of law and legal relations. Expanding and stronger to legal data fragments gradually evolved into a unified and coherent legal system of a particular society.

The right has historically emerged as a class phenomenon and expressed, above all, the will and interests of the economically dominant classes. To see this, just look ancient legal acts of the slave-owning and feudal eras. So, if before the theft of crucial importance was given to who (sibling or stranger) it is made (usually a neighbor forced to return stolen), now any infringement of property entailed severe punishment and encroachment on the property of the nobility was punished particularly severely.

For example, the ancient Babylonian Code of Hammurabi (XVIII cent. BCE), for any property theft thief refunded to the owner damages tenfold, and if the property was stolen, "or God's palace," ie, belonged to the ministers of religion, or the highest state authorities, the compensation provided for in the amount of thirtyfold. Moreover, in a special article explicitly stated: "If a man steals a treasure of God or the Palace, then that person should be killed, as well as someone who will take it out of the hands of the stolen must kill."

When applying the beating, mutilation, murder, with insulting word paramount question is not purchased on tribal and social status of the parties. For example, many tribes of noble blood was assessed twice and three times higher than the blood of a commoner, but often do not have price, ie was not subject to financial compensation.

Each class had a different legal situation, the various rights and duties, privileges and limitations. Even violations are common to all state restrictions (bans killing, stealing, etc.) are punished by different (in order of use, the degree of rigor) sanctions against members of different classes and social groups (OE Leist).

If the customs persisted in the minds and manifested in the behavior of people, the law began to take shape in writing to the public. The formal definition of the right - his most important feature, without which the law in principle, can not be.

Right - a more sophisticated control than customs, except for bans it uses, and the legal effects of such methods as permission and Bind, creating opportunities for streamlining of public relations. Rise to the right - a consequence of complexity of social relations, intensification of the contradictions in society, the regulation of which the primitive norms cope less and less.

Legal provisions were formed mainly in three main ways:

1) escalating mononorm (primitive customs) in the customary laws and sanctioning them in this regard, the power of the state;

2) the state law-making, which is reflected in the publication of special documents containing legal rules - regulations (laws, decrees, regulations, etc.);

3) The judicial law, which consists of specific decisions (taken by the judiciary and assumes the character of the samples for other similar cases).

On the origins and development of the law is also influenced by many different factors, the specific geographical, cultural, historical and other circumstances. In particular, in the East, where a very large role of traditions, customs, and religion, the right arises under their strong influence.

The main sources of law here are the moral and religious beliefs and norms (the ideas of Confucius in China, the Laws of Manu in India, the Qur'an in Muslim countries, etc.). In Europe, more than customs declared themselves law-making of government (legislative acts) and

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