Understanding the Law: the movement of the Law

Volodymyr Machuskyy

Intellectual vanity denies the possibility of understanding the reality. It proclaims the limitations of scientific knowledge and creates scientific delusion - рhanomen of law  that is doomed to inaccessibility and an otherworldly existence.

Same starry sky to the untrained observer appears to be frozen, and the stars themselves immobile, but this observer can not stop the movement of the stars as well as  phanomen of law can not stop the movement of the Law as nomen - rolling forever, real and reasonably valid.

As water can be snow, ice and steam so and the Law can be in three states: a general, a particular and a single. The Law as the general is the Law itself and answers the question "what" (the cause). The law as a particular is action of law – a legal regulation and answer the question “how” (the action). The law as a single is object-matter of law – a law order and answer the question “why” (the purpose).

The movement of the Law carried out from the general through the particular to the single, and thus the idea of the Law through legal regulation embodied in the law order.

The law as a general is boundless and boundless of generality causes an infinite number of concepts of law. Legal regulation as a legal certainty is awareness of the idea of law by society. Legal regulation is the obligation, the prohibition and the permission through the legislation (legal act) or court decision (leading case). 

The differences between the legal act (general provisions) and judicial precedent (individual requirements) does not affect on the essence of them as positive, or on their same ultimate goal as well as the difference between the legal act and the court's decision lies only in the direction of the law's movement.

The rule of law mediates the movement of Law from the idea through legal regulation to specific relationships, and vice versa the court's decision determines the movement of the Law from specific relationships through the legal regulation to the idea of law. Thus, the legal act and the court's decision are two parts of one whole - legal regulation.

The movement of the Law is not limited by  one-way traffic: from the Law through legal regulation to the Law order. The backward movement of the Law is carried out from the Person as a single through subject of law as particular to the Person of the Law as a general, because the Law order as a single for the Law is in the same time a general for the Person.

Understanding the Law: traditions, challenges, perspectives