Monday, January 19, 2015

The understanding of the Law

Intellectual philosophical vanity often postulates the Law as an unknowable, otherworldly and almost mystical phenomenon. On the other hand, the theory of the law says what the law is doing, but often silent, what the law is in fact. In addition, the Law is in danger of being transformed into ordinary tool of economics.

The concepts of Law arise and die as a many things in the book of Ecclesiastes, but the Law as itself is forever. It (the Law) had existed a long time before the emergence of the economy and may be realized only with the advent of human being. The internal moral law, which is so admired for Kant, there is nothing like a typical biblical distinction between the good and the evil (and they have become as gods....).

The understanding of the Law is not only and not so much a thirst for knowledge, and certainly not the economic feasibility. The understanding of the law is due to the permanent self-identification of society and the person. It reflects the state of society and the person in the particular phase.

The water can be in different states: the water, the snow and the ice. So the Law has the ability to constantly change and be himself. This is the movement of the Law. Thus, the Law comes from the generality through specialty to a singularity.

The Law as a generality is directly the Law and answers the question “what” (a cause). The Law as a specialty is an action of the Law – a legal regulation and answer the question “how” (an action). The Law as a singularity is object-matter of law – a law order and answer the question “why” (an object-matter).

The Law as a generality is a boundless and a boundless of the generality causes an infinity concepts of law. A court decisions and a legal acts are two parts of legal regulation. Substantial differences between a court decisions and a legal acts does not affect their essence as a positive.  


A court decisions and legislation have a common object-matter – the regulation of relations and the law order. But a law order is an object-matter not only for a law. The law order as a singularity for the law is a generality for a person. 

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