Izvestiya of Saratov University.

Philosophy. Psychology. Pedagogy

ISSN 1819-7671 (Print)
ISSN 2542-1948 (Online)


Full text:
(downloads: 11)
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
1.11.113

The Role of Objective Laws of Nature in the Formation of the Legal Norms of the Society

Autors: 
Kevbrin Boris Fedorovich, Saransk Cooperative Institute (Branch) of the Russian University of Cooperation
Nikishova Natalya V., Saransk Cooperative Institute (Branch) of the Russian University of Cooperation
Abstract: 

The article is devoted to the issue of the interaction of nature and society through the prism of laws acting in these areas of human activity. The purpose of the work is to conduct a comparative analysis of the laws of nature (natural laws of development) and legal norms (social laws of development), and the definition of the place of laws of nature in the formation of legal norms. Based on the research done, it was concluded that the laws of nature and legal norms basically have more differences than similarities. The unity lies in the fact that the relationship between the laws of nature and the rules of law has the nature of systemic interaction, which is due to the origin of nature and society as complex self-organizing adaptive systems. The main difference is the presence of a binding element (the rules of social behavior of the individual) between the natural law and a regulatory legal act which must be considered when developing and adopting the latter. At the same time, the operating forces of nature find their expression in the laws directly, without the presence of such an element. It is revealed that the theory of events in the legal system is the component that determines the influence of the laws of nature on legal norms. However, despite the modern “turn” of natural science data into legal reality, it does not find its practical application and all this leads to the emergence of a split between the reality and legal documents.

Reference: 

1. Filosofskiy slovar [Philosophical Dictionary]. Ed. by I. T. Frolov. 7th ed., trans. and add. Moscow, Respublika Publ., 2001. 719 p. (in Russian).

2. Rikkert G. Nauki o prirode i nauki o culture [Sciences of Nature and Sciences of Culture]. Moscow, Respublika Publ., 1998. 413 p. (in Russian).

3. Gusserl E. Idei chistoy fenomenologii i fenomenologicheskoy fi losofi i [The Ideas of Pure Phenomenology and Phenomenological Philosophy]. Moscow, Academic Project, 2009. 489 p. (in Russian).

4. Kevbrin B. F. Razvitie. Determenizm. Zakon [Development. Determinism. Law]. Moscow, Printing house “Krasny Oktyabr”,1998. 244 p. (in Russian).