DUALISM OF VALUE GROUNDS FOR LEGAL BEHAVIOUR

Authors

  • Andrey Nikolaevich Babenko Author

Abstract

This article analyzes the values that determine the behavior of individuals in the field o
law. The values of natural law have an individual and situational character. They vary accordin
to time and place. The positivism values are more focused on the external, group regulation o
behavior which ultimately results in the priority of the state and etatism. The same value prere
quisites can serve as a basis for explanation of a number of different standards both within th
legal system concerning various branches of law and in the framework of other normative sys
tems in accordance with functions and needs of the subjects, as well as situations in which thes
subjects are forced to act. The person chooses its action in the framework of the system of val
ues. The institutionalization of legal roles suggests combination of legal norms, legal behavio
and the system of values common for the majority of the population.

Author Biography

  • Andrey Nikolaevich Babenko

    Doctor of Sciences (Law), professor, deputy chairman of the
    Third Arbitration Appeal Court of Krasnoyarsk, Russian Federation.

Issue

Section

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