BEHAVIOR IN THE LEGAL SPHERE OF SOCIETY: THE DYNAMICS OF LEGAL NATURE
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
Analysis of social appearances of behavior leads to a generalization of its social, legal, psychological qualities that are united by the concept of “legally significant behavior”. The society, ordered by the right deed of a person, perceives the social significance of the consequences – useful or harmful for it, controls and evaluates them by the criterion of legality. Such behavior has terminologically unequal expression in science: “behavior in the legal sphere”, “legal behavior”, “legally significant behavior”. The legal significance of the behavior is considered as its regulation by the principles and rules of law, the significance of the real and potential consequences of which are legally evaluated by society. The essence of legal behavior is revealed in its properties: the social significance of behavior reflects its positive or negative impact on the economic, public and private sphere; the intellectual-volitional content of behavior, its conscious-volitional manifestations is the psychological characteristic of the intellectual and emotional-volitional characteristics of the mental manifestations of a person; legal certainty of behavior implies the official fixing of its external and internal indicators in the sources of law; the ability of a person's behavior to cause legal consequences – positive (subjective rights, legal obligations), or negative (measures of legal responsibility as a result of an offense); external form of behavior (its objectification) – its expression as an action or inaction; structure (internal composition) of behavior accumulates manifestations of its subjective and objective features in lawful and illegal actions; state power can and should control the legality or illegitimacy of the actions of subjects; the presence of a causal relationship of the act with the level of legal consciousness and the legal culture of the person; the connection of behavior with legal information and fundamental principles of law; the arbitrariness and variability of the legal content of the act testifies to changes in the boundaries between lawful and unlawful actions. The genesis of the concept of legal behavior implies a link between research and the praxeological dimension of the legal system, in which the legal personality is a central element.
Authors and Affiliations
Sergii Oleinykov
Keywords
Related Articles
- EP ID EP570609
- DOI 10.25313/2520-2308-2018-9-4419
- Views 138
- Downloads 0
FORMATION OF SUBJECT LABOR COMPANY LABOR LAW
In the article deals with the views of scientists, for the recognition of the subjects of labor law by members of social relations, who possess the rights established by the law, fulfill their obligations and bear respon...
THE PROBLEM OF THE PRINCIPLE OF THE COURT OF LANGUAGE IN THE COMMERCIAL PROCESS
The paper studies the principle of the language of legal proceedings in the commercial process, taking into account the peculiarities of the national legislation. The analysis of the legislation of Ukraine and comparison...
PROFESSIONALIZATION AS A COMPUTER COMPETENCY OF JUDGES
The proclamation and recognition by Ukraine of the rule of law, the construction of a democratic rule of law and the development of civil society requires not only the spiritual, material, organizational measures of the...
THE PLACE OF THE HIGHER SPECIALIZED COURTS IN THE COURT SYSTEM OF UKRAINE AND THEIR ADMINISTRATIVE JURISDICTION
The article certifies the problems of the place of the higher specialized courts in the court system of Ukraine through the prism of the principles on which it is based. The ambiguous approach of the legislator to this i...
DETERMINATION OF THE LEGAL STATUS OF AGRICULTURAL ENTERPRISE FOR THE PURPOSES OF THE LAW “ON RENEWAL OF THE DEBTOR’S SOLVENCY OR DECLARING ITS BANKRUPTCY”
The article is devoted to legal regulation peculiarities of bankruptcy of agricultural enterprises according to the Law of Ukraine “On Renewal of the debtor’s Solvency or Declaring Its Bankruptcy”, as amended by law of 2...