Concept and types of functions of law, classification

Throughout its history, mankind has tried to invent the most functional and effective institution for regulating relations within society. Initially, this was violence. Through wars and murders, most of the emerging issues were resolved. However, soon people realized that in this way they are harmful to themselves. So, soon, violence was replaced in the greater part by religion. Of course, this method has become much more profitable and effective, although it had its own negative features. The subordination of absolutely all social relations to the will of the unknown higher mind impeded the evolution of mankind.

Undoubtedly, this state of affairs did not suit anyone. Thus, people realized that it is best to regulate the relationship between each other through authorized norms or rules of conduct. This regulator soon acquired the greatest popularity and became known as law. It should be noted that the right to this day is the main regulator of public relations. Its development in the 21st century reached its peak, which makes it possible to control practically all branches of human life activity. Thus, the law has a number of functions, thanks to which the rules of our existence are implemented. It is the concept and types of functions of law that will be examined by us in this article.

What is right?

Before distinguishing the concept and types of functions of law, it is necessary to understand what law is in general. This term has many definitions, but the article will present the most classical. According to her, law is one of the key regulators of relations in society. It is a structured system of formally defined, universally binding and guaranteed by the country standards of conduct. With the help of these norms, the society is directly regulated.

Understanding the law

It should be noted that the understanding of law depends on a particular theoretical view. For example, some scholars identify the right with state power. In their opinion, these two categories simply can not exist separately, because the right is sanctioned and created, in fact, by the state. Adherents of a different theoretical approach argue that law is the totality of all normative acts in a particular country. This view is not devoid of logic, since legal norms exist precisely in the NLA. Thus, the understanding of law depends entirely on one or another theoretical school, although some general patterns still exist.

Signs of law as regulator of public relations

The tasks and functions of law are largely due to those features that are inherent in this legal regulator of public relations. However, there is no single theoretical approach to this question. As a rule, scientists distinguish the following most common features of law, namely:

• A compulsory character, that is, the operation of the law is extended to a large number of subjects.
• Guaranteed performance by the state.
• Normative definition of generally accepted rules of conduct.
• Will and intellectual character, that is, the right comes from people.
• Structuredness.
• Formal definiteness.

Given the characteristics presented, it can be concluded that law is not just a social phenomenon of internal regulation, but an integral and quite interesting system that performs a number of its own functions.

Functions of law

So, what are the functions of law? At once it is necessary to make a reservation that the subject and functions of law are concepts that are inextricably linked. The subject is a set of legal relationships that are regulated by a particular legal industry. And functions are directions of legal influence. As practice shows, the functional part is expressed in the banal ordering of specific social relations. This thesis is clearly seen in this or that area of law or industry.

Thus, taking into account all the above, it can be concluded that the functions of law are the key directions of influence on certain social relations. With the help of such influence, one can see the real purpose of each legal branch and its benefits to society. From this it follows that, from a theoretical point of view, functions are the basis of law.

Characterizing factors of legal functions

The functions of law, the concept and classification of which are presented in the article, have a number of characterizing factors. Through them you can see the relevance and dynamics of the development of the legal regulator in reality. Thus, the functions have the following properties, namely:

- the list of functions shows the real direction of the legal regulator and the range of legal relations that are actually affected;

- as a rule, the functions are constant, unchanged;

- functions of law show directions that people can not regulate in other ways than by law;

- the content of each function separately is characterized by the dynamics of changes in tasks, objectives and main directions, depending on the slightest changes in the sphere of certain social and legal relations;

- All functions without exception are included in a single structure, which allows us to speak about their systemic nature;

It should be noted that, taking into account the above properties, the legal functions of law are divided depending on the industry. That is, some functions belong to one industry, others to another. This means that we can talk separately about the directions of the functions of the labor law, administrative, civil, criminal, etc. In addition, the systemic nature of functions and law in general makes it possible to classify the directions of the regulator on the basis of various factors. The article will present the standard differentiation, as well as features of functions in some industries.

Classification

The functions of law have a dual character of the regulatory orientation. In simple words, law is both a legal and a purely social phenomenon. This means that the concept and types of functions of law will also be viewed through the prism of these two fundamentally different positions. By today's theoreticians, the whole array of functional orientation is divided as follows: a general social block and a specially legal one.

The general social orientation

General social functions prove and clearly demonstrate the role of law in the process of regulating human life activity. They directly reflect the regulations of certain spheres that are least in contact with the legal industry. Thus, a number of the following functions are singled out in the general social block, namely:

1) Political . This function is quite important considering the modern development of political life and culture. It manifests itself in the regulation of the right of relations between states, political parties, religious confessions and other social formations that participate in the process of consumption, exchange and production of material goods. In addition, the political function, in fact, determines the existence of a kind of guarantor of rights and freedoms of subjects of such legal relations.

2) The economic function of law exists to maintain a healthy financial climate in the state. In this case, the legal regulation is mainly directed at increasing the initiative of business entities. It should be noted that the economic direction is very often influenced by global trends. For example, in the 21st century, most states want to enter the world market. Accordingly, all relations within these countries will be regulated to suit the trends of the market economy.

3) The educational function of law is aimed at forming among participants in public relations awareness of the justice and effectiveness of the existing ideological regime.

4) The fact that the law supports the development of a national, historically formed thought and ideology, makes it possible to talk about the existence of a cultural function .

5) Social control is also one of the functions of law. It manifests itself in the stimulation and retention from the illegal actions of participants in public relations.

Thus, the functions of law, the concept and classification of which are presented in the article, in many aspects regulate not only the legal directions of human life. In other words, general social directions allow the legal system to influence the world around us.

Functions of a special-legal orientation

If the general social functions show the effect of the right to non-legal branches, then special-legal ones are illustrative examples of that matter that allows the law to actually work. In other words, they are called special because they regulate the internal structure of law and its relationship with structural elements. To date, scientists have identified the following specific legal functions, namely:

1) Regulatory function is the main direction of the dynamics of the legal system as a whole. As already mentioned at the beginning of the article, law is the main regulator of social relations. By means of the presented function, he exerts the right influence on certain moments arising in society. Direct coordination of public relations is carried out through various legal branches. For example, the functions of labor law are mostly regulating, because the imperious command of the state is not required here, because the institution of responsibility in the labor industry is initially poorly developed.

2) The protective function is equal with the regulatory one of the most important. Through it, negative phenomena are being repressed, restoration of violated rights and bringing to justice of persons who have committed unlawful acts. With the help of this function, the right supports the existing legal regime in the state by suppressing any actions that go beyond it. For example, the functions of administrative law are mostly regulative. Thus, public relations are not only streamlined, but also become more "convenient" for coordination. In the structure of the protective direction, some additional, more accurately, auxiliary functional branches are also singled out. These include: restorative, punitive, compensatory and restrictive functions.

It should be noted that the tasks and functions of law are realized through the special activity of the subjects of one or another type of social relations. As far as the protective direction is concerned, its structural elements only take effect through certain forms, which will be presented later.

Forms of protective function

The functions of administrative law or any other industry that are of a protective nature are realized through certain forms. Many scientists put forward theories that without the norms presented below it would be impossible to really influence society. In other words, any negative phenomena could not be eradicated, let alone restore the violated powers of the subjects. For today, the following forms of implementation are distinguished, namely:

1) Information . Through this form, information is transferred from the state to individual subjects of law in order to form an idea of the existing legal regime, the rules of which must be obeyed.

2) Orientation form is directly connected with the transfer of information, because knowledge of the subjects of the existing legal regime allows them to form the guidelines of their behavior. The latter, in turn, must protect people from the implementation of any offenses.

3) Regulatory - this is a form that manifests itself in the real actions of special subjects of law, which, by their imperious orders, coordinate the behavior of society as a whole and of individuals.

4) The security form is a set of prohibitions and permissions through which people choose the most acceptable "plot" of their behavior.

Conclusion

So, in the article we presented the concept and types of functions of law. It should be noted that the issues discussed are constantly being studied by scientists around the world. After all, by means of functions, the main task of law is actually realized, which also determined its creation - the regulation of social relations.