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A social norm is a rule of conduct used to regulate social relations.slide 2
These include: Legal Moral Aesthetic Political Religious Ordinary Corporate, etc.
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Law and morality. Common features of difference They are the most universal One object of regulation They ultimately come from society Morality arises together with society, and law - with the state (by origin) Morality is contained in consciousness, and law - in regulations(according to the form of expression) Morality regulates all social relations, and law regulates only those that are able to streamline (according to the scope)
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Approaches to the definition of law. Normative-legal (normativist): a system of generally binding norms emanating from the state that regulate social relations and protected by the power of the state It is customary to call the law emanating from the state positive Positive law is documented Its existence depends on the will of people
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Approaches to the definition of law. Natural law approach (natural) law: law arose objectively, from the very nature of man and society Natural law is seen as an imperative that stands above the state and society Law is a means of securing and actually ensuring the natural rights and freedoms of a person The integrative approach tries to synthesize various approaches to law
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The main features of law General obligatoriness (the authoritative prescription of the state regarding possible and proper behavior) Formal certainty (expressed in writing in official documents) Communication with the state (established and ensured by measures of state influence)
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The system of law is the internal structure of law. The primary element is the legal norm.
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The structure of the rule of law 1) Hypothesis - an element of the rule of law, indicating the conditions for its operation 2) Disposition - determines the model of behavior by establishing rights and obligations 3) Sanction - an element that provides consequences for the subject implementing the disposition There are various types of classification of rules of law, for example, according the nature of the prescriptions: empowering binding prohibiting
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The norms of law in the literature distinguish the following criteria of private and public law: 1) interest (private regulates private interests, public-public) 2) subjective composition (private - relations of individuals, public - private individuals with the state, state bodies) 3) subject ( private - property relations, public - non-property) public private Constitutional Criminal Administrative Financial Criminal procedure Civil Family Labor Entrepreneurial land
- What is a right?
- What is the difference between law and morality?
- The concept of "right". signs of law.
- Natural and positive law.
- Forms of positive law.
- Differences between law and other social norms.
- Public and private law.
- Principles and sources of law.
- Functions and meaning of law.
- System and branches of law. Law institutions.
Right
Law is the art of justice and goodness
(ancient Roman saying)
1. Regulatory approach.
Law is a system of generally binding norms emanating from the state, which provides legal (i.e., provided for by the rules of law) regulation of social relations and is protected by the power of the state.
Positive (positive) law is a law emanating from the state, formalized in the form of state laws and other legal documents, is a specific legal reality, the existence of which depends on the will of people.
2. Natural legal approach.
Natural law - the law that arose objectively, from the very nature of man, society, is not a creation of people. The type of right expresses the claim to freedom objectively inherent in a person and is manifested in inalienable (inalienable) rights that belong to a person from birth: the right of everyone to life, to freely determine their fate, to personal dignity and personal integrity, to freedom of thought and speech, etc. .d. In relation to positive law, natural law acts as an ideal, a criterion of freedom and justice, acts as an imperative (command, demand), standing above the state and its laws.
3.Integrative approach.
Synthesizing different approaches to law and its definition.
- "Right" in modern science used in several meanings:
- 1) Law, as the social and legal claims of people (natural law).
- 2) Law - officially recognized opportunities that a person has (subjective law).
- 3) Law - a system of legal norms (objective law).
- 4) Law is a legal system.
Main signs of law
1) Normativity - the formation of a typical rule of conduct
2) Formal certainty - official fixing
3) The manifestation of the will and consciousness of people
4) Security with the possibility of state coercion
5) Consistency.
Regulation of public relations
- Law
- Customs (traditions)
- Religious norms
- moral standards
- Political norms
- aesthetic standards
- Ethics
social norms - socially accepted rules that govern people's behavior
Signs of social norms:
1. Social norms represent a pattern (standards) of behavior typical of a given time and environment;
2. Norms define the limit (measure) of possible and proper behavior;
3. Serve as a means of controlling people's behavior.
Social norm - a rule of conduct
4. Do not have a specific addressee and operate continuously in time
5. Connections arise with the conscious activity of people
Types of social norms
Social norms can be classified by:
- spheres of action (economic, political, etc.)
- regulation mechanism (morality, law, custom, norm of behavior)
- rules of law;
- religious norms;
- moral standards;
- corporate norms;
- norms of traditions and customs;
- business rules;
- political norms.
Types of social norms
Political norms – rules of conduct for various subjects of politics, political relations.
Corporate regulations - rules that regulate the activities of public, non-governmental organizations (trade unions, clubs, unions, political parties, etc.)
moral standards are the rules of conduct. which are formed on the basis of ideas about good and evil, conscience and duty. Honor and dignity, etc.
Norms of traditions and customs - rules of conduct that are formed as a result of their repeated repetition.
The difference between law and morality
Right
Morality
- Rules of law are always enshrined in laws
- Execution is ensured by force states
- Mandatory sanctions for violation
- Fixed in public opinion
- condemned public opinion
- Not formally defined
- The scope of moral norms is wider
Characteristic features of morality and law
moral standards
Law
Come from society
Created and sanctioned by the state
They are informal, do not need official registration
Enshrined in the form of state and international legal documents
Forms of provision: supported by force public opinion
Supported by measures of state coercion
Sanction for Violation: Judgment by Society
Sanctions: from remarks and warnings to imprisonment.
Common features of morality and law
- Are social norms
- Legal norms may contain moral norms
- A single goal is to promote social harmony, harmonization of relations in society;
- The principle of justice
5. Ideological basis: based on universal principles (equality, freedom, life);
6. Educational impact, the formation of inner convictions.
The concept of law
System generally binding, formally defined rules of conduct established and protected by the state.
Rule of law - a specific rule, this is the primary cell of law, its initial element
- - the first sign - law - is a system of norms, rules of conduct;
- - the second sign is the expression of the will and interests of society;
- - the third sign - are formulated in special state documents;
- - the fourth sign - are protected from violations by measures of state coercion
natural law- a law that exists independently of the legislator. A set of rights and freedoms that a person has from birth: life, property, inviolability, freedom, movement, etc.
positive law - norms set by the state
Humanism
freedom
Justice
Functions of law
- Educational - impact on the behavior of subjects of public relations ( prohibitions and punishment )
- social control defines measure of possible and proper behavior subjects
- Regulatory establishes in society rules of behavior and governs public relations
- Protective protects the most important public relations from the negative impact
Principles of law
- principle of justice: It has a moral legal content, provides a relationship between rights and obligations, crime and punishment.
- principle of humanism: The law guarantees the inviolability of the person: no one can be arrested or illegally detained except on the basis of a court decision; deprived of their liberty are entitled to humane treatment and respect for their dignity.
- principle of justice: responsibility for guilt, the right to protect their rights.
- principle of equality (Article 19 of the Constitution of the Russian Federation).
Structure legal norm
Hypothesis- an element of a legal norm, which indicates the condition under which this norm should be implemented and to whom it applies (addressees, legal facts).
Disposition- an element of a legal norm that indicates the rule of conduct, what this behavior can and should be, which the participants in legal relations must follow (subjective rights and obligations of addressees).
Sanction- an element of a legal norm that contains a description of adverse consequences for the offender, measures of state coercion, punishment (measures of legal responsibility).
The structure of the rule of law
Indicates the life circumstances (time, place) of the entry into force of the norm
The very rule of conduct, the rights and obligations of subjects
DISPOSITION
HYPOTHESIS
A minor who has reached the age of sixteen (hypothesis) can be declared fully capable (disposition) if he works under an employment contract (continuation of the hypothesis)
Determines the consequences if a rule is broken
SANCTION
For example,
“if a pledge agreement is concluded (hypothesis),
then it must be done in writing (disposition),
otherwise the contract is void (sanction)
It should be noted that not every norm presented in the article of the law contains all 3 structural elements. You will come across various options. And now try to independently determine the constituent parts in the following rules of law:
1. Citizens of the Russian Federation who have reached the age of 18 have the right to vote; persons impeding the exercise of this right are subject to administrative liability.
2. Citizens of the Russian Federation, foreign citizens and stateless persons bear criminal, administrative and civil liability in accordance with the procedure established by the legislation of the Russian Federation for carrying out extremist activities.”
3. "The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people."
Types of legal norms
- empowering (provide the opportunity to act in one way or another);
- binding (prescription to the subject to perform strictly defined actions);
- forbidding (prohibition to perform certain actions).
Determine what type of legal norms applies to:
A) paying taxes
B) theft;
B) entrepreneurial activity.
Legal system - a set of legal norms of a given country
obligatory state-established rule behavior
Separated within the branch of law Group interrelated legal norms
(institution of recruitment, institution of discipline…)
Rule of law
Labor, family, criminal, etc.
Institute of Law
Branch of law
Branch of law – This is a relatively independent subdivision of the system of law, consisting of legal norms that regulate certain types of social relations.
Branches of law
Constitutional law
Constitutional law regulates basic relations in the sphere of the status of the individual, the organization of public power and institutions of civil society.
This is a branch of law that regulates social relations in the field of government controlled, in connection with the organization and activities of executive authorities.
Civil law
This is a branch of law that regulates property and related non-property relations.
labor law
This is a branch of law. Regulating relations between an employer and an employee based on an employment contract.
Branches of law
Family law
This is a set of norms governing relations related to marriage and a person's belonging to a family: the conditions and procedure for entering into marriage, termination of marriage, mutual rights and obligations of spouses, parents and children.
Criminal law
This branch is a set of legal norms that determine the criminality and punishability of acts.
environmental law
This is a set of norms that regulate relations arising from the interaction of society and the environment.
Institute of Law
- Institute of Law - a group of homogeneous legal norms regulating certain aspects of social relations.
- For example, the branch of law is civil law,
institution of civil law - property relations;
labor law (the institution of dismissal, working hours, employment contract);
criminal law (institute of crimes against property, environmental crimes.
Law public law regulates relations between the state and citizens. Private right regulates relations between subjects of law (people, collective).
public
private
- constitutional
- Criminal
- Administrative
- Financial
- criminal procedure
- civil
- Family
- Labor
- Entrepreneurial
- Land
comparison line
public law
The interests it provides
Private right
Public, state
Subject legal regulation
Personal
Non-property relations
List of participants
Property and non-property relations
State authorities; private individuals and the state
Branches of law
Private persons (individuals and legal entities)
Constitutional, administrative, criminal, financial, procedural branches
Civil, family, labor, entrepreneurial, etc.
Complete the task:
For each task, the amount of points is determined, the maximum -
80 points.
"5" - 71 - 80 points
"4" - 61 - 70 points
"3" - 51 - 60 points
"2" - 50 or less points.
1 option
Option 2
1. Source of law - ...
score
- Law is...
2. Principles of law -…
2. Types of legal regulations…
3. Mark the sources of law:
3. Mark sources of law
4. Indicate which of the following signs relate to the norms of morality or the norms of law (+, -)
A) the Constitution of the Russian Federation
B) Civil Code
4. Indicate which of the following signs relate to the norms of morality or the norms of law (+, -)
A) Law of the Russian Federation "On Education"
A) regulate the most important social relations affecting the essential interests of people and society;
5. Determine which branches of law the following legal institutions belong to.
A) the institution of wages;
B) School principal's order
A) regulate public and personal relations in the areas: "person - person", "person - society", "person - group".
B) the decision of the village meeting
B) are enshrined in laws;
C) their violation is followed by responsibility in the form of condemnation by society, the group.
B) are formed gradually in the public consciousness;
B) Decree of the President
B) the institution of public service;
D) International Covenant "On Civil and Political Rights"
A) the institution of criminal punishment;
C) for their violations, responsibility in the form of state coercion follows.
D) Government Decree
C) the institution of marriage;
B) the institute of the foundations of the constitutional order;
D) the institution of insurance.
C) the institution of purchase and sale;
D) institute employment contract.
Homework: §25, learn definitions, answer questions 283,
Work with the document of B.N. Chicherin,
answer questions p.282
- Presentation on law for 10th grade students
- prepared by the teacher MBOU secondary school No. 37 of Kostroma
- Lobovoy Svetlana Anatolyevna
- Law in the system of social norms. The system of Russian law. Legislative process in Russia.
- social norms- these are the rules of conduct that regulate the relationship between people and their associations.
- All social norms in force in modern society are subdivided in two ways:
- - according to the way they are formed (created);
- by means of protecting them from violations.
- 1. Rules of law are generally binding, formally defined rules of conduct that are established or sanctioned, and also protected by the state.
- 2. Norms of morality (morality) - the rules of conduct that have developed in society, express people's ideas about good and evil, justice and injustice, duty, honor, dignity. The action of these norms is ensured by internal conviction, public opinion, measures of public influence.
- 3. The norms of customs are the rules of behavior that, having developed in society as a result of their repeated repetition, are fulfilled by force of habit.
- 4. The norms of public organizations (corporate norms) are the rules of conduct that are independently established public organizations, are enshrined in their statutes (regulations, etc.), operate within their limits and are protected from violations by them through certain measures of public influence.
- In addition to these, among social norms there are:
- religious norms;
- political norms;
- aesthetic standards;
- organizational norms;
- cultural norms, etc.
- The need for social norms arose at the earliest stages of the development of human society in connection with the need to regulate people's behavior. general rules. With the help of social norms, the most expedient interaction of people is achieved, tasks that are beyond the power of an individual person are solved.
- 1. Social norms are the rules of human behavior. They indicate what human actions should or can be in the opinion of certain groups of people, various organizations or the state. These are patterns according to which people conform their behavior.
- 2. Social norms are rules of behavior of a general nature (as opposed to individual rules). The general nature of the social norm is expressed in the fact that its requirements do not apply to a specific person, but to many people. By virtue of this property, the prescription of the norm must be fulfilled every time by everyone who finds himself in the sphere of its action.
- 3. Social norms are not only general, but also mandatory rules for the behavior of people in society. Not only legal, but also all other social norms are obligatory for those to whom they apply. AT necessary cases the obligatory nature of social norms is ensured by coercion. Therefore, depending on the nature of the violation, measures of state or public influence may be applied to persons who violate the requirements of social norms. If a person has committed a violation of a legal norm, then measures of state coercion are applied to him. Violation of the requirements of a moral norm (an immoral act) may entail the application of measures of public influence: public condemnation, censure and other measures.
- All social norms in their totality and interconnection are called the rules of human society.
- What are social norms?
- What is main function social norms?
- What social norms do you know?
- What is meant by "rules of human society"?
- The unity of legal norms and moral norms, as well as the unity of all social norms of a civilized society, is based on the commonality of socio-economic interests, the culture of society, and people's commitment to the ideals of freedom and justice.
- 1. By origin. Moral norms are formed in society on the basis of people's ideas about good and evil, honor, conscience, justice. They acquire mandatory significance as they are recognized and recognized by the majority of members of society. The rules of law established by the state, after they enter into force, immediately become binding on all persons within the scope of their activities.
- 2. By the form of expression. Norms of morality are not fixed in special acts. They are in the minds of people. Legal norms are expressed in official state acts (laws, decrees, resolutions).
- 3. According to the method of protection from violations. The norms of morality and the norms of law in a legal civil society in the overwhelming majority of cases are observed voluntarily on the basis of people's natural understanding of the justice of their prescriptions. The implementation of both norms is ensured by internal conviction, as well as by means of public opinion. Such methods of protection are quite sufficient for a day. moral standards. To ensure the same legal norms, measures of state coercion are also used.
- 4. By the degree of detail. Moral norms act as the most generalized rules of behavior (be kind, fair, honest). Legal norms are detailed, in comparison with moral norms, rules of conduct. They contain clearly defined legal rights and obligations of participants in public relations.
- The requirements of public morality are fully taken into account by the rule-making government bodies when creating legal norms. especially important role moral standards play in the process of applying the rules of law by the competent authorities in solving specific legal cases. Thus, the correct legal decision by the court of questions about insulting a person, hooliganism and others largely depends on taking into account the moral norms in force in society.
- Law actively contributes to the establishment of progressive moral ideas in society. Moral norms, in turn, fill the law with deep moral content, contributing to the effectiveness of legal regulation, spiritualizing the actions and deeds of participants in legal relations with moral ideals.
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Signs of a legal norm The only one in a number of social norms that comes from the state and is an official expression of its will. It is a measure of freedom of expression and human behavior. Published in a specific form. It is a form of realization and consolidation of the rights and obligations of participants in public relations.
Signs of a legal norm Supported in its implementation and protected by the power of the state. It always represents an authoritative order of the state. It is the only state regulator of public relations. It is a general rule of conduct.
The structure of the rule of law The structure of the rule of law is the internal structure of the rule, which reveals its main elements and ways of their relationship. Hypothesis Disposition The sanction indicates the life circumstances of the entry into force of the norm. contains the very rule of conduct for participants in regulated relations, indicates its essence and content, the rights and obligations of subjects, the main element of the rule of law. determines the adverse consequences for the participants in public relations that occur in the event of a violation by the latter of the instructions of the disposition. IF (hypothesis) - THEN (disposition) - ELSE (sanction)
Find a hypothesis, a disposition and a sanction. "In accordance with Russian electoral legislation, citizens Russian Federation who have reached 18 years of age have the right to vote; persons who interfere with the exercise of this right are subject to administrative or criminal liability.”
Types of legal norms By subjects of lawmaking: Norms emanating from the state; Norms that are the result of the direct expression of the will of the population. By social purpose: Constituent (norms - principles); Regulatory (rules of conduct); Protective (guardians of order); Security (guarantees); Declarative (declarations); Definitive (definition); Collision (collision).
Types of legal norms By the nature of the rules of conduct contained in the text: Binding; Authorizing; Forbidding. By functional role: Imperative (not allowing deviations); Dispositional (the ability to resolve the dispute yourself); Recommendations; Incentive.
Types of legal norms By sphere and subjects of action: General action (applies to all citizens); Limited action (have limits: temporary, territorial, subjective); Local action (within some institution, organization).
Law and morality General As a rule, it fixes the norms of morality; The overall goal is to promote social harmony; General educational role; Recognized by society as justice. Differences Legal norms arose in the course of legal practice, and moral norms - in the course of practical activities of people. Legal norms are supported by the power of the state. For violation of legal norms - a sanction, and moral - public condemnation, remorse.
The system of law The system of law includes such elements as: norms, branches, institutions. Branches of law: Constitutional law Criminal law Administrative law Suffrage law Financial law Civil law Family law Public law Private law
The Institute of Law The Institute of Law is a group of interconnected single-order legal norms that is objectively isolated within a particular branch. Institute of recruitment and dismissal; Institute of labor contract; Institute of Working Time; Institute of labor discipline.
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The presentation on the topic "Law in the system of social norms" (Grade 11) can be downloaded absolutely free of charge on our website. Subject of the project: Social science. Colorful slides and illustrations will help you keep your classmates or audience interested. To view the content, use the player, or if you want to download the report, click on the appropriate text under the player. The presentation contains 10 slide(s).
Presentation slides
slide 1
Law in the system of social norms
(Presentation of the questions of the “Law” section of the Codifier in Social Studies 2011 (preparation for the Unified State Examination) Compiled by: M.P. Oferkina, teacher of history and social studies, Lyceum No. 18, Novocheboksarsk, Chuvash Republic
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1. Definition of law
Law is a set of generally binding, formally defined rules of conduct established or sanctioned by the state and provided by its coercive force. A rule of law is a generally binding formally defined rule of conduct established and provided by society and the state, fixed and published in official acts, aimed at regulating the public rights and obligations of their participants.
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2. Signs of a legal norm
The only one in a number of social norms that comes from the state and is the official expression of its will. - It is a measure of freedom of expression and behavior of a person. - Published in a specific form. - It is a form of realization and consolidation of the rights and obligations of participants in public relations. - Supported in its implementation and protected by the power of the state. - Always represents an imperious order of the state. - Is the only state regulator of public relations. - It is a rule of conduct of a generally binding nature.
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3. The structure of the rule of law
The structure of the norm of law is the internal structure of the norm, which reveals its main elements and ways of their relationship: hypothesis (a structural element of the legal norm, which indicates the life circumstances of the entry into force of the norm); disposition (a structural element of the legal norm, which contains the very rule of conduct for participants in regulated relations, indicates its essence and content, the rights and obligations of subjects); sanction (a structural element of the legal norm, which determines the adverse consequences for the participants in public relations that occur in the event of a violation by the latter of the instructions of the disposition). The structure of the norm can be represented as following formula: If - Then - Otherwise (Putting the considered example into this formula, we get: "If a pledge agreement is concluded (G.), then it must be made in writing (D.). Otherwise, non-compliance with these rules entails constitutes the invalidity of the pledge agreement (S.)"
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6. Functions of law
Cultural-historical - the law accumulates in itself all the spiritual values and achievements of the people, society, transfers them from one generation to another. Educational - law has a stimulating effect on the behavior of subjects of public relations through prohibitions, restrictions legal protection and punishment. social control- law determines the measure of possible and proper behavior of the subjects of public relations, while using incentives and restrictions. Regulatory - the law establishes rules of conduct in society, which are aimed at coordinating social relations, streamlining ties between people. Protective - the law protects the most important social relations from the negative impact on them from the outside, which can adversely affect the entire course of social development.