Presentation of society law in the system of social norms. Connections arise with the conscious activities of people
This presentation accompanies a law lesson in 10th grade socio-economic profile using the basic textbook by Kashanin and Kashanina. types of norms of behavior, the relationship between law and morality, the purpose of law in society, objective and subjective law are considered. signs of law, theories of law. The lesson ends with solving problems on law proposed in the textbook.
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Law in the system of social norms. Definition of law. .
The best laws are born from customs. J. Joubert. The goal that people united by laws set for themselves is the formation of public power to prevent and suppress violence and injustice of individuals. G. Mably
Today in class we will look at:
Types of norms of behavior The relationship between law and morality The purpose of law in society Objective and subjective law
types of behavior norms
Norm in in a broad sense words - a model, standard or rule of behavior. Non-social norms - regulate the relationship between a person and nature, technology; a specific language of communication between people and nature and material objects. Social – rules of behavior that govern relationships between people
mathematical physical chemical physiological climatic biological agricultural and economic technical Non-social norms
Rituals Myths Customs Religious norms Legal norms Moral (moral) norms Political norms Etiquette norms Aesthetic norms Social norms
The relationship between law and morality
Morality is the totality of society’s ideas about what is good and what is bad, what is good and what is evil. Law is a system of mandatory rules of behavior enshrined in official documents, protected by the power of state coercion.
Signs of similarity between morality and law These are social norms, i.e. rules of behavior that regulate relations between people Have the same goal - the regulation of relations in society This goal is achieved by establishing possible and obligatory behavior of people
Signs of difference between morality and law Legal norms are created or sanctioned by the state, therefore they express the state will. Morality is created by the whole society. People learn about its requirements from communicating with other people.
Legal norms are ensured by state coercion; for their non-compliance, various penalties are provided for, applied by law enforcement agencies of the state. Morality is ensured by the power of social influence.
Legal norms are fixed in special acts of the state and systematized in a certain way. Moral norms do not have clear forms of expression, are not taken into account or processed anywhere, and exist mainly in the minds of people. It is impossible to indicate the exact timing, reasons, or order of their occurrence.
Law operates with the concepts of rights, obligations, legal - illegal, punishable - non-punishable. Morality operates in the categories of good and evil, praiseworthy and shameful, honest and dishonest, noble and vile.
Morality, compared to law, makes immeasurably more demands on a person. high requirements: it is capable of inspiring people to self-sacrifice and display heroism.
Morality regulates much more relationships than law; its scope is wider. In some areas of law, morality is indifferent.
Moral Law
Signs of law Law consists of mandatory norms Execution of legal norms is ensured and protected by the state Legal norms are enshrined in legal documents(laws) Legal norms are distinguished by certainty (clarity and accuracy) Law is a system of norms
Theories of law Natural law theory of law Normative theory of law Psychological theory of law Sociological theory of law
Natural legal theory of law Its supporters, in addition to the law created government agencies, recognize the natural right common to all people. The source of natural law is considered to be human nature, the nature of things, the nature of the universe, and not the state. Man was born to live a free life, therefore his natural right is the right to life, the right to personal freedom and other rights. Natural rights of a person belong to him from birth; they cannot be granted or taken away by the state.
Normative theory of law Its supporters do not recognize the existence of natural law. They believe that only norms can be considered law established by the state and enshrined in laws. Right and law are identical, in their opinion.
Psychological theory of law Proponents of the theory argue that law is not the texts of laws, but a system of concepts about rights, duties, and prohibitions contained in people’s heads. The words of the law can remain on paper if they have not entered the consciousness of the people and have not been assimilated by them.
Sociological theory of law According to this theory, law is the order that has developed in society, or a reasonable order. The judge hearing the case must take into account not only the norms of the law, but also, in some cases, the prevailing ones, i.e. reasonable rules of behavior in society.
Purpose of law in society
The role of law in society Law is a phenomenon of world culture and, in its inherent normative form, consolidates the spiritual values accumulated by humanity (democracy, separation of powers, human rights and freedoms, etc.) Law is a powerful means of educating people. By establishing prohibitions, measures of regulation or encouragement, it shapes the positive behavior of people. Law is a means of controlling people’s behavior: if a person has stumbled or committed an offense, he can be corrected
The main purpose of law is to organize social life, ensure its stability, sustainability
Law displaces phenomena that are dangerous to a person, his life, health, morality, economic well-being
Ensuring freedom, establishing justice, eliminating arbitrariness from the life of society - this is what we expect from law
Objective and subjective law
Law Objective – as a system of norms expressed in official documents Subjective – as a person’s ability to do something, arising from the law
Subjective rights and obligations arise on the basis of objective law
- What is law?
- Law and morality - how are they different?
- 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. Institutes of Law.
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 - 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 law approach.
Natural law is a law that arose objectively, from the very nature of man and society, and is not the creation of people. The type of right expresses an objectively inherent human claim to freedom and is manifested in inalienable (inalienable) rights belonging to a person from birth: the right of everyone to life, to free definition their destiny, on personal dignity and personal integrity, on freedom of thought and speech, etc. 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" V modern science used in several meanings:
- 1) Law, as the social and legal claims of people (natural law).
- 2) Law – officially recognized capabilities that a person has (subjective law).
- 3) Law – a system of legal norms (objective law).
- 4) Law – legal system.
Basic features of law
1) Normativity – formation typical rule behavior
2) Formal certainty - official consolidation
3) Manifestation of the will and consciousness of people
4) Provision of the possibility of state coercion
5) Systematicity.
Regulation of public relations
- Rules of law
- Customs (traditions)
- Religious norms
- Moral standards
- Political norms
- Aesthetic standards
- Ethical Standards
Social norms - socially accepted rules governing people's behavior
Signs of social norms:
1. Social norms represent a pattern (standards) of behavior typical for a given time and environment;
2. Norms define the boundary (measure) of possible and proper behavior;
3. Serve as a means of monitoring people's behavior.
Social norm - rule of behavior
4. They do not have a specific addressee and act continuously in time
5. Connections arise with the conscious activities of people
Types of social norms
Social norms can be classified according to:
- spheres of action (economic, political, etc.)
- regulation mechanism (morality, law, custom, norm of behavior)
- rules of law;
- religious norms;
- moral standards;
- corporate standards;
- norms of traditions and customs;
- business standards;
- political norms.
Types of social norms
Political norms – rules of conduct for various subjects of politics and political relations.
Corporate standards – rules that regulate the activities of public, non-governmental organizations (trade unions, clubs, unions, political parties, etc.)
Moral standards - these are rules of behavior. 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 behavior that develop as a result of their repeated repetition.
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
- Enshrined in public opinion
- Condemned public opinion
- Not formally defined
- The scope of moral standards is wider
Character traits norms of morality and law
Moral standards
Rules of law
Coming from society
Created and sanctioned by the state
They are informal in nature and do not require official registration.
Enshrined in the form of state and international legal documents
Forms of support: supported by the power of public opinion
Supported by government coercion measures
Sanction for violation: condemnation from society
Sanctions: from reprimands and warnings to imprisonment.
General features of morality and law
- Are social norms
- Legal norms may contain moral norms
- The common goal is to promote social harmony, harmonization of relations in society;
- Principle of justice
5. Ideological basis: based on universal human principles (equality, freedom, life);
6. Educational influence, formation of internal beliefs.
Concept of law
System generally binding, formal certain rules behavior established and protected by the state.
Rule of law - a specific rule is the primary cell of law, its initial element
- - the first sign - law - is a system of norms, rules of behavior;
- - the second sign is the expression of the will and interests of society;
- -the third feature is formulated in special government documents;
- - fourth sign - protected from violations by measures of state coercion
Natural law- a right that exists independently of the legislator. A set of rights and freedoms that a person has from birth: life, property, integrity, freedom, movement, etc.
Positive law - standards established by the state
Humanism
Liberty
Justice
Functions of law
- Educational - impact on the behavior of subjects of social relations ( prohibitions and punishment )
- Social control defines measure of possible and proper behavior subjects
- Regulatory sets in society behavior rules And regulates public relations
- Security protects the most important social relations from negative impacts
Principles of law
- principle of justice: It has moral legal content, ensures the relationship between rights and obligations, crime and punishment.
- principle of humanism: The law guarantees the inviolability of the person: no one can be subjected to arrest or unlawful detention except on the basis of a court decision; deprived of their liberty have the right to be treated humanely and with respect for their dignity.
- principle of justice: responsibility for guilt, the right to protect one’s rights.
- principle of equality (Article 19 of the Constitution of the Russian Federation).
Structure of a legal norm
Hypothesis- an element of a legal norm that 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 a rule of behavior, what this behavior can and should be, which participants in legal relations must follow (subjective rights and obligations of addressees).
Sanction- an element of a legal norm that contains a description of the adverse consequences for the offender, measures of state coercion, punishment (measures of legal liability).
Structure of the rule of law
Indicates the life circumstances (time, place) when the norm came into effect
The rule of conduct itself, the rights and responsibilities 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)
Defines consequences if a rule is broken
SANCTION
For example,
“if a pledge agreement is concluded (hypothesis),
then it must be completed in writing(disposition)
and otherwise the contract is invalid (sanction)
It should be noted that not every norm presented in an article of law contains all 3 structural elements. You will come across various options. Now try to independently determine the components in the following rules of law:
1. Citizens of the Russian Federation who have reached 18 years of age have the right to vote; persons interfering with the exercise of this right are subject to administrative liability.
2. For carrying out extremist activities, citizens of the Russian Federation, foreign citizens and stateless persons bear criminal, administrative and civil liability in the manner established by the legislation of the Russian Federation.”
3. “The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.”
Types of legal norms
- authorizing (provide the opportunity to act in one way or another);
- binding (instruction to the subject to perform strictly defined actions);
- prohibiting (prohibition to perform certain actions).
Determine what type of legal norms:
A) payment of taxes;
B) theft;
B) entrepreneurial activity.
System of law - a set of legal norms of a given country
Mandatory state established rule behavior
Isolated within the branch of law group interconnected legal normal
(recruitment institute, discipline institute...)
Rule of law
Labor, family, criminal, etc.
Institute of Law
Branch of law
Branch of law – This is a relatively independent division of the legal system, consisting of legal norms regulating certain types of social relations.
Branches of law
Constitutional law
Constitutional law regulates basic relations in the sphere of individual status, the organization of public authority and the institutions of civil society.
This is a branch of law that regulates public relations in the field 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 the relationship between the employer and employee based on an employment contract.
Branches of law
Family law
This is a set of rules governing relations related to marriage and a person’s belonging to a family: the conditions and procedure for 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 crime and punishability of acts.
Environmental law
This is a set of norms that regulate relationships 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,
Institute of Civil Law - Property Relations;
labor law(institute of dismissal, working hours, employment contract);
criminal law (institute of crimes against property, environmental crimes.
Rules of 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
Interests that it provides
Private right
Public, government
Subject of 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 a certain amount of points is determined, the maximum is
80 points.
“5” - 71 – 80 points
“4” - 61 – 70 points
“3” - 51 – 60 points
“2” - 50 points or less.
1 option
Option 2
1.Source of law -…
Point
- Right is...
2. Principles of law -…
2. Types of legal norms...
3. Mark the sources of law:
3. Note the sources of law
4.Indicate which of the following characteristics relate to moral norms or legal norms (+,-)
A) Constitution of the Russian Federation
B) Civil Code
4. Indicate which of the following characteristics relate to moral norms or legal norms (+, -)
A) Law of the Russian Federation “On Education”
A) regulate the most important social relations that affect 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) Order of the school director
A) regulate public and personal relations in the areas: “person - person”, “person - society”, “person - group”.
B) decision of the village meeting
B) enshrined in laws;
C) their violation entails responsibility in the form of condemnation by society or a group.
B) take shape gradually in the public consciousness;
B) Presidential Decree
B) Institute of Public Service;
D) International Covenant on Civil and Political Rights
A) the institution of criminal punishment;
C) their violations entail liability in the form of state coercion.
D) Government Decree
B) the institution of marriage;
B) the Institute of the Fundamentals of the Constitutional System;
D) insurance institute.
B) the institution of purchase and sale;
D) the institution of an employment contract.
Homework: §25, learn definitions, answer questions 283,
Work with B.N. Chicherin’s document,
answer questions p.282
Slide 1
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Slide 9
Slide 10
The presentation on the topic “Law in the system of social norms” (grade 11) can be downloaded absolutely free of charge on our website. Project subject: Social studies. Colorful slides and illustrations will help you engage your classmates or audience. To view the content, use the player, or if you want to download the report, click on the corresponding text under the player. The presentation contains 10 slide(s).
Presentation slides
Slide 1
Law in the system of social norms
(Presentation of questions in the “Law” section of the Codifier for Social Studies 2011 (preparation for the Unified State Exam) Compiled by: M.P. Oferkina, teacher of history and social studies, Municipal Educational Institution “Lyceum No. 18”, Novocheboksarsk, Chuvash Republic
Slide 2
1. Definition of law
Law is a set of generally binding, formally defined rules of behavior established or sanctioned by the state and ensured by its coercive force. A rule of law is a generally binding, formally defined rule of behavior, established and enforced by society and the state, enshrined and published in official acts, aimed at regulating the public rights and obligations of their participants.
Slide 3
2. Signs of a legal norm
The only one among social norms that comes from the state and is the official expression of its will. - Represents a measure of a person’s freedom of expression and behavior. - Published in a specific form. - It is a form of implementation 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 authoritative order of the state. - Is the only state regulator of public relations. - Represents a rule of behavior of a generally binding nature.
Slide 4
3. Structure of the rule of law
The structure of a legal norm is the internal structure of the norm, which reveals its main elements and the ways of their interrelation: hypothesis (a structural element of a legal norm that indicates the life circumstances of the entry into force of the norm); disposition (a structural element of a legal norm, which contains the very rule of behavior of participants in regulated relations, indicates its essence and content, the rights and obligations of the subjects); sanction (a structural element of a legal norm that determines the adverse consequences for participants in social relations that occur in the event of a violation by the latter of disposition instructions). The structure of the norm can be presented in the form of the following formula: If - Then - Otherwise (Putting the considered example into this formula, we get: “If a pledge agreement (G.) is concluded, then it must be made in writing (D.). In otherwise, failure to comply with these rules entails the invalidity of the pledge agreement (S.)"
Slide 5
Slide 6
Slide 7
Slide 8
Slide 9
6. Functions of law
Cultural-historical - law accumulates all the spiritual values and achievements of the people, society, and passes them on from one generation to another. Educational - law has a stimulating effect on the behavior of subjects of social relations through prohibitions, restrictions on legal protection and punishment. Social control- law determines the measure of possible and proper behavior of subjects of social relations, using incentives and restrictions. Regulatory - law establishes rules of behavior in society that are aimed at coordinating social relations and streamlining connections between people. Protective - the right protects the most important social relations from negative influence on them from the outside, which can have a detrimental effect on the entire course of social development.
Signs of a legal norm The only one in a series of social norms that comes from the state and is the official expression of its will. It is a measure of a person’s freedom of will and behavior. Published in a specific form. It is a form of implementation 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. Always represents an imperious order of the state. It is the only state regulator of public relations. It is a rule of conduct of a generally binding nature.
The structure of a rule of law The structure of a rule of law is the internal structure of a rule, which reveals its main elements and the ways of their interrelation. Hypothesis Disposition The sanction indicates the life circumstances of the entry into force of the norm. contains the very rule of behavior of participants in regulated relations, indicates its essence and content, the rights and obligations of the subjects, the main element of the rule of law. determines the adverse consequences for participants in social relations that occur if the latter violates disposition instructions. IF (hypothesis) - THEN (disposition) - ELSE (sanction)
Find the hypothesis, disposition and sanction. "In accordance with Russian electoral legislation, citizens Russian Federation those 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: Rules 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 behavior); Security (police officers); Security (guarantees); Declarative (declarations); Definitive (definition); Collision (collision).
Types of legal norms According to the nature of the rules of conduct contained in the text: Binding; Authorizing; Prohibiting. By functional role: Imperative (not allowing deviation); Dispositional (the ability to resolve the dispute yourself); Recommendations; Incentive.
Types of legal norms By scope and subjects of action: General action (applies to all citizens); Limited action (have limits: temporary, territorial, subjective); Local action (within an institution or organization).
Law and Morality General Reinforces moral norms as a rule; 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 the practical activities of people. Legal norms are supported by the power of the state. For violation of legal norms there is a sanction, and moral norms – public condemnation and remorse.
System of law The system of law includes such elements as: norms, industries, institutions. Branches of law: Constitutional law Criminal law Administrative law Electoral law Financial law Civil law Family law Public law Private law
Institute of Law The Institute of Law is an objectively isolated group of interconnected legal norms of the same order within a particular industry. Institute of Hiring and Dismissal; Institute of Labor Contract; Working Time Institute; Institute of Labor Discipline.
The purpose of the lesson:
To form ideas about the essence, meaning of law, its formation and development;
Consider the institution of law in the system of social norms
As a result of studying the topic, students must know definition of law, concepts source of law, principles of law, system and branches of law, legal institutions;
understand fundamental principles of Russian law, rules of operation of regulatory legal acts;
be able to characterize the signs and features of law, distinguish legal norms from other social norms, solve practical problems.
Lesson type: learning new material with practical application knowledge, using ICT, problem-based approach..
Equipment: computer presentation, texts with educational situations.
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MUNICIPAL AUTONOMOUS EDUCATIONAL INSTITUTION -
SECONDARY SCHOOL No. 19
MUNICIPAL FORMATION CITY ARMAVIR
Methodological development of a social studies lesson on the topic
"Law in the system of social norms"
for 10th grade students
(general education)
prepared by social studies teacher
MAOU - secondary school No. 19 in Armavir
Marchenko E.S.
year 2013
Social studies lesson on the topic “Law in the system of social norms”
10th grade (general education)
The purpose of the lesson:
To form ideas about the essence, meaning of law, its formation and development;
Consider the institution of law in the system of social norms
As a result of studying the topic, students must know definition of law, concepts source of law, principles of law, system and branches of law, legal institutions;
understand fundamental principles of Russian law, rules of operation of regulatory legal acts;
be able to characterize the signs and features of law, distinguish legal norms from other social norms, solve practical problems.
Lesson type: learning new material with practical applicationknowledge, using ICT, problem-based approach..
Equipment: computer presentation, texts with educational situations.
Lesson Plan
- The concept of "right". Signs of law.
- Natural and positive law.
- Forms of positive law.
- Principles and sources of law.
- Functions and meaning of law.
- Differences between law and other social norms.
- System and branches of law. Institutes of Law.
- Public and private law.
During the classes.
- State the topic and purpose of the lesson.
- Intensification of educational activities.
Presentation “Right” (slide 1.)
Why can't people do without rights? Where does law come from? Why is law called the minimum morality? How does law work?
We will try to answer these questions in today's lesson.
We will also consider the following questions(slide 2)
- Presentation of program material.
IN Ancient Greece They said this: “Law is the art of justice and goodness” (ancient Roman saying)
- Law in the system of social norms:(slide3):
In modern jurisprudence, there are several approaches to defining law:
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 - law emanating from the state, formalized in the form of state laws and other legal documents, represents a specific legal reality, the existence of which depends on the will of people.
2. Natural law approach.
Natural law is a law that arose objectively, from the very nature of man and society, and is not the creation of people. The type of right expresses an objectively inherent claim to freedom and is manifested in inalienable (inalienable) rights that belong to a person from birth: the right of everyone to life, to freely determine one’s destiny, 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.(slide 4)
“Law” in modern science is used in several meanings:
1) Law, as the social and legal claims of people (natural law).
2) Law - officially recognized capabilities that a person has (subjective law).
3) Law - a system of legal norms (objective law).
4) Law - legal system.
2. Main features rights - (slide 5)
1) Normativity - the formation of a typical rule of behavior
2) Formal certainty - official consolidation
3) Manifestation of the will and consciousness of people
4) Provision of the possibility of state coercion
5) Systematicity.
3. Social norms- (slide 6) A person in his activities, his behavior must adhere to certain norms and rules of conduct. The rules of behavior accepted in society are calledsocial norms.
The concept of norm translated from Latin means “guidance, rule, example.” The norm sets the boundary (measure) of what is possible and what is proper. Where there is society, there must be community rules. They develop objectively, as a result of the joint life activity of people. This applies to all legal norms - both legal and non-legal.
A specific social order is established as a result of the action of various factors. For example, natural and social, arising in the process of cultural development. These are social norms.
There are a number of signs of social norms:- (slide 7)
4. Signs of social norms:
1. Social norms represent a pattern (standards) of behavior typical for a given time and environment;
2. Norms define the boundary (measure) of possible and proper behavior;
3. They serve as a means of controlling people's behavior.
4. They do not have a specific addressee and act continuously in time
5. Connections arise with the conscious activities of people
5. What types of social norms are you familiar with?
Social norms are varied. What is connected with the subject of their regulation.
Types of social norms:- (slide 8)
Social norms can be classified according to: - areas of action (economic, political, etc.)
Regulatory mechanism (morality, law, custom, norm of behavior)
Customs:
They are among the earliest social norms. Custom is a rule that arose as a result of the constant repetition of a given pattern of behavior and became the habit of people. It involves the reproduction of the behavior itself and the absence of the need for coercion.
Legal norms can support customs or supplant them, and can be indifferent to customs.
Social norms
Rules of law; - religious norms;
Moral standards; - corporate standards;
Norms of traditions and customs; - business practices;
Political norms.
Let's take a closer look at some types of social norms., (slide 9)
Political norms -rules of conduct for various subjects of politics and political relations.
Corporate standards- rules that regulate the activities of public, non-governmental organizations (trade unions, clubs, unions, political parties, etc.)
Moral standards - these are 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 behavior that develop as a result of their repeated repetition.
6. Differences between law and morality:(slide 10)
They have common features inherent in all social norms.
Legal norms arose in the process of judicial and legislative practice, and morality is not related to structural organization society.
1) Law is consolidated by the state, and morality arises spontaneously
2) Law exists in written sources, and morality exists in the minds of people
3) Law regulates relations controlled by the state, and morality regulates both controlled and uncontrolled
4) Law is ensured by the state, and morality is ensured by the force of social influence.
7. Characteristic features of law and morality:(slide 11):
Moral standards | Rules of law |
Coming from society | Created and sanctioned by the state |
They are informal in nature and do not require official registration. | Enshrined in the form of state and international legal documents |
Forms of support: supported by the power of public opinion | Supported by government coercion measures |
Sanction for violation: condemnation from society | Sanctions: from reprimands and warnings to imprisonment. |
Now let's define
- common features of moral norms and legal norms(slide 12): .
Common features:
- The common goal is to promote social harmony, harmonization of relations in society;
- Ideological basis: based on universal human principles (equality, freedom, life);
- Ensuring justice.
- Educational influence, formation of internal beliefs.
Now let's determine how close such concepts as law and morality are. Which sphere of regulation is broader, legal or moral?
Indeed, these are the closest social regulators. It is no coincidence that the greatest Russian thinkers V.S. Solovyov and I.A. Ilyin emphasized that law is a moral minimum, or legally formalized morality.
As for the sphere of regulation, then, of course, moral norms penetrate into areas that are not subject to law, for example, interpersonal relationships of friendship, love, mutual assistance.
- The concept of “Right” (slide 13)
Now let’s talk in more detail about law as a type of social norms. What is right?
In legal science, there are many different definitions of legal norms. Before formulating a definition, I propose to familiarize yourself with some of the main features of this concept.
A system of generally binding, formally defined rules of behavior established and protected by the state.
A rule of law is a specific rule; it is the primary cell of law, its initial element.
- Signs (slide 14) We have already identified the first sign:
Law is a system of norms, rules of behavior;
The second sign is the expression of the will and interests of society;
Formulated in special government documents;
Protected from violations by measures of state coercion.
Now try to formulate your own definition of the concept of “right”.
- Law exists in different forms.(slide 15)
There are positive and natural law. What is their difference?
Positive lawit is a right in the form of a law established by government authority.
Natural law -this is law as an ideal, a model. (“Universal Declaration of Human Rights”).
- Functions of law: (slide 16)
Organizing: determining the structure of the state, forming government bodies;
Security: protection from crime;
Educational: impact on people’s consciousness and behavior.
13. Principles of law:(slide 17) these are its main provisions.
The principle of justice. It has moral legal content, ensures the relationship between rights and obligations, crime and punishment.
The principle of humanism. The law guarantees the inviolability of the person: no one can be subjected to arrest or unlawful detention except on the basis of a court decision; deprived of their liberty have the right to be treated humanely and with respect for their dignity.
The principle of justice: responsibility for guilt, the right to protect one’s rights.
The principle of equality (Article 19 of the Constitution of the Russian Federation).
14.Structure of the legal norm.(slide 18)
A legal norm is a regulator of social relations, a rule that determines how one should (or should not) act in a given situation.
The legal norm can be divided into three components:
Hypothesis- an indication of the conditions under which rights and obligations arise (time, place, composition of participants).
Disposition - an indication of the rights and obligations themselves, the rules of behavior according to which subjects of law should or should not act.
Sanction - an indication of the adverse consequences that occur when a norm is violated (consequences).
(slide 19) Structure of a legal norm
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)
(slide 20) For example, “if a pledge agreement is concluded (hypothesis), then it must be made in writing (disposition), and otherwise the agreement is invalid (sanction).
It should be noted that not every norm presented in an article of law contains all three structural elements. You will come across various options.
Now try to independently determine the components in the following rules of law.
- Citizens of the Russian Federation who have reached the age of 18 have the right to vote; persons interfering with the exercise of this right are subject to administrative liability.
- For carrying out extremist activities, citizens of the Russian Federation, foreign citizens and stateless persons bear criminal, administrative and civil liability in the manner established by the legislation of the Russian Federation.”
- “The bearer of sovereignty and the only source of power in the Russian Federation is its multinational people.”
15. Types of legal norms(slide 21) .
For the purpose of a more complete study, as well as identifying practical possibilities for applying the legal norm, it is customary to classify. One of the most common classifications is the division of legal norms according to the nature of the instructions contained.
Empowering (provide the opportunity to act in one way or another);
Mandatory (an order to the subject to perform strictly defined actions);
Prohibiting (prohibition to perform certain actions).
Determine what type of legal norms:
A) payment of taxes; b) theft; c) entrepreneurial activity.
16. System of law.(slide 22)
Law is a unity of interacting elements, a certain system. Legal system - this is its internal structure, which is expressed in the division of law into relatively independent parts.
What parts (elements) does law consist of?
The primary element of the legal system is the rule of law, the essence and structure of which you already know. Also elements of the legal system are branches of law and legal institutions.
Legal system, main branches, institutions, relations:
Legal system - internal structure law, reflecting the unification and differentiation of legal norms.
23. Branch of law (slide 23) - This is a relatively independent division of the legal system, consisting of legal norms regulating certain types of social relations.
24. What areas of law do you know? Branches of law. (slide 24, 25) Industry diagram
Law is divided into branches (i.e. groups of norms that regulate a certain set of social relations):
1) Constitutional or civil law
2) Administrative
3) Civil
4) Criminal
5) Criminal procedure
6) Civil procedure
7) Family
8) Financial
9) Labor
10) International.
25. Institute of Law(slide 26) - a group of homogeneous legal norms regulating certain aspects of social relations. For example, the branch of law is civil law, the institution of civil law is property relations; labor law (institution of dismissal, working hours, employment contract); criminal law (institute of crimes against property, environmental crimes, etc.).
26. Public and private law.(slide 27)
You already know from your basic school course that there is a division of law into private and public.
Public law -norms establishing the procedure for activities state power and management. It consists of branches of constitutional, administrative, criminal, etc. law. Rregulates relations between the state and citizens.
Private right - a system of legal norms that protects and regulates the relations of private individuals. Consists of branches: civil, labor, family, financial, etc. law. Rregulates relations between subjects of law (people, collective)
27. Comparison of public with private law(slide 28)
28. Reinforcement: Taking the Test(slide 29,30)
Complete the task (peer check).
For each task a certain amount of points is determined, with a maximum of 80 points.B) Civil Code
B) Order of the school director
D) International Covenant on Civil and Political Rights
- Check sources of law
A) Law of the Russian Federation “On Education”
B) decision of the village meeting
B) Presidential Decree
D) Government Decree
4.Indicate which of the following characteristics relate to moral norms (+) or legal norms (-)
A) regulate the most important social relations that affect the essential interests of people and society;
B) enshrined in laws;
C) their violation entails responsibility in the form of condemnation by society or a group.
4. Indicate which of the following characteristics relate to moral norms (+) or legal norms (-)
A) regulate public and personal relations in the areas: “person - person”, “person - society”, “person - group”.
B) take shape gradually in the public consciousness;
C) their violations entail liability in the form of state coercion.
A) the institution of wages;
B) Institute of Public Service;
B) the institution of marriage;
D) insurance institute.
5. Determine which branches of law the following legal institutions belong to.
A) the institution of criminal punishment;
B) the Institute of the Fundamentals of the Constitutional System;
B) the institution of purchase and sale;
D) the institution of an employment contract.
30.Homework:(slide 31)
§25, learn definitions, answer questions p.283,
work with B.N. Chicherin’s document, answer questions p.282
