Basic characteristics of law

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Law is a system of rules of conduct established (or recognized) by the State with universal normative character, strict formal determination and general mandatory nature expressing the will of the ruling class. State power and guaranteed implementation by the State to regulate social relations.


1. Law represents state power

Law is a tool of the State to regulate relationships arising in all areas of social life, so law must be promulgated or recognized by the state, or in other words, law is formed by people. state road. The State promulgates laws to ensure that the State’s management functions are thoroughly implemented.

Through law, the will of the ruling class is guaranteed to be carried out. Ensuring that legal provisions are effectively implemented in practice is ensuring that state power is exercised and affects all subjects. Therefore, law cannot exist and effectively promote its values ​​if it is not associated with the state and expresses state power.


2. Law is volitional

In essence, the will in law is the will of the ruling class and force. That will is clearly expressed in the purpose of law-making and the content of the law.

In fact, the forces holding state power will be able to express their will and interests to the maximum extent within the law. When will and interests have been legalized by law, their implementation is guaranteed by state power. Therefore, the process of building, implementing and protecting the law takes place in specific forms, according to strict principles, orders and procedures. This clearly shows the difference between law and other systems of norms.


3. The law is generally mandatory

The general mandatory nature of the law is first of all expressed in its characteristics promulgated by the state and ensuring uniform implementation. In addition, it is also expressed in the perception and implementation of law in practice through the law’s recognition of social values ​​and appropriate methods of behavior for any subject in any situation and condition. All legal cases foreseen must be handled according to the requirements of the law. Thus, behaving in accordance with the law is, on the one hand, a legal requirement for the subject, and on the other hand, it is the subject’s responsibility for behavior that has been recognized and respected by society. Subjects’ failure to comply with legal regulations will then depend on the level of violation of the act and the state will apply appropriate measures to ensure that those regulations are enforced in practice. practice of social life.

Thus, state power is the foundational element for laws to be respected, implemented and generally mandatory.


4. Law is universally normative

Common normative law refers to pattern and standardity. Those models and standards are specifically defined, stating the necessary limits that the state stipulates so that all subjects can behave within the allowed framework. That limit is determined in many different aspects such as allowing, prohibiting, mandatory… Principle: “to do everything except what is prohibited by law”, “equality before the law”… was formed on the basis of the characteristics of the legality of law. The common normative properties
of law are specifically expressed as: “is a common pattern for many people” and “is applied many times in a large space and time”.

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