The Legal influence as a multidimensional legal phenomenon
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 2
Abstract
The legal influence as a multifaceted legal phenomenon іs researched in this article. Attention is drawn to the fact that the delineation of lawful and unlawful behavior, in the context of consideration of the issue of legal influence, is of fundamental importance, since it is directly related to the allocation of regulatory and protective functions of law and the division of legal relations into regulatory and protective ones. It is concluded that legal regulation is carried out not only at the level of legalization, but also at the level of lawmaking. Therefore, even when legal regulations are not implemented in the behavior of subjects of law, it will be incorrect to assert that there is no legal regulation. At the end of XX – the beginning of the XXIst century in legal literature there was a settled representation about legal impact as productive, standard and organizational influence on the public relations as special system of actually legal means (rules of law, legal relationship, acts of realization and application), and other legal phenomena (legal consciousness, legal culture, legal principles, law-making activity). Legal impact is the multidimensional legal phenomenon. It is possible to mark out functional, teleological and information aspects of the specified phenomenon. At the same time the term “functional aspect”(wider on its capacity) covers also regulatory aspect of legal impact. The basic value by consideration of a question of legal impact has differentiation of lawful and illegal behavior as it is directly connected with allocation of regulatory and guarding functions of the law and with division of legal relationship on regulatory and guarding. In case when legal instructions are not implemented in behavior of subjects of law, it is not correct to claim that legal regulation is absent because legal regulation is carried out not only at the level of law realization, but also at the level of law-making. Consideration separately of such actions attracting negative consequences, and illegal acts is not absolutely justified as the concept “the actions attracting negative consequences” is wider than the concept “illegal acts” therefore the second of them in general is covered by the first.
Authors and Affiliations
I. Ju. Vildanova
Keywords
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