THE POWER OF LAW AS A FACTOR IN ITS EFFECTIVENESS IN SOCIOLOGICAL LEGAL THINKING
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
In this article are considered problems of power conditionality of the law in the prism of sociological law awareness. The value of this approach is that the representatives of the sociological concept indicate that in addition to the normative form of public law, in any society there are other forms of it. Pragmatists consider the relation of law and power from the point of view of the influence of power decisions on the adopted legal decisions and on how constructed legal discourse in those or other conditions. As a matter of fact, in this approach, the law is often given auxiliary, and sometimes even a purely decorative role – to serve as an instrument for justifying political decisions, a kind of filter through which political and, in general, power can be given the form of a legal argument. The sociological interpretation of the law isn’t exhaustive and only touches certain aspects of complex and multifaceted phenomenon which is the law. Having made a major emphasis on the importance of studying the law in motion, adherents of the sociological jurisprudence do not deny the need to study the rules of law (legislation). The sociological approach to the law is trying to touch the questions of the reasons for the effectiveness of the law and also the role of law in society and its influence on legal awareness.
Authors and Affiliations
Ю. В. , Цуркан-Сайфуліна
Keywords
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