RIGHTS

Right there is a set of rules (norms) that determine the binding relationship of people in society, this definition specifies only the general N. outlines its content, however the issue of substance P, its origins and the fundamentals still remains one of the unsolved problems in science. In constructing the theory of P. There are two currents: metaphysical and positive. The first belongs to the absolute number of theories, of which the most typical is the theory of natural P. is right product the human spirit, a practical reason (in Kant), the national spirit (at Savinja). Positive law (the laws, customs) should be the basis of the ideal norms of a legal - of people. The difference between the legal norms of the moral is to the external force in nature (Kant, Hegel). The ground is not considered as forced many lawyers (Birling, Regelsberger etc.) essential for P. Many regulations protect only domestic psihich. duress. pressure from the public. opinion and in this sense does not differ from moral norms. In the positive theories of the right to nominate or sociological or psychological point. The first task of the theory see P. regulation of mutual relations of people living in a society in an organized and reconciliation and the protection of the interests of the individual and society (Yering). P. is the set of rules emanating from the will of an organized society, it is the mouthpiece of the common will. The most developed psychological theory is the theory of P. Petrazhitskogo: P. is the source of people's psyche generating any impulses and motives that incite to action or delayed. P. The challenge lies in raising people's psyche, the direction of individual and mass behavior, through adequate legal motivation to purify people's psyches of antisocial inclinations. The sources of the positive P. serve law legal. custom, judicial practice and legal. Science. P. The system is decomposed into private and public. First, civil P. (property, liability, paper, trade, nepotism, inheritance), the second belongs to: state, police, financial, religious, criminal, procedural and international. Avg. Yering: "The purpose of AD," "The battle for P, Merkel," Law and Power "(1895); Puhta," Encyclopedia of Law "; Regelsberg," the doctrine of Total P (1897); Muromtsev, "The definition and division of P." (1879), Novgorodians, "historic. School Lawyers" (1896); Коркунов, "Lectures on the general theory of P.; Petrazhitsky," Introduction to the study of law and morality. Fundamentals of emotional psychology "(1907).
RIGHTS