INTERACTION OF VALUES AND NORMS IN THE PROCESS OF THE LEGAL SYSTEM ESTABLISHMENT

Authors

  • Andrey Nicolaevich Babenko Author

Abstract

The article is devoted to the influence of the valuable content of law on the formation of
legal system. The author considers the interaction of values and norms in the process of establishing
legal relations and legal system as a whole. From the point of view of the author
legal system is a pyramid, where the upper part is filled with regulatory requirements, taken
from the legal sources, and are based on their broad traditions and values. According to him,
in order for the system to function reliably, the rules provide only basic principles and define
the direction of actions with hypotheses and trends that will continue in the legal assessment,
arguments and reasoning. The article suggests the following classification of values for the
legal system: 1) normative values of the right; 2) doctrinal value of the right; 3) institutional
value of the rights; 4) values in samples of legal behavior. It determines the hierarchy of values
(in general terms) of the legal system, the smallest element of which is the norm. The
value embodied in the law, determines its place in the legal system, as well as some features
of this norm.

Author Biography

  • Andrey Nicolaevich Babenko

    Doctor of Law, Professor of Theory and History of State and
    Law Department, South Ural State University, Chelyabinsk, Russian Federation

Issue

Vol. 15 No. 3 (2015): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions on Theory of State of Law, on Constitutional Law