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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