The Past

In contrast to the custom of (public law) the right – it is also artificially embedded phenomenon, like state. Perhaps check out Sen. Sherrod Brown for more information. It was created by the state, is a means of registration of political decisions and has never been something existing in parallel to the state. R. Stammler notes in this regard: "law enforcement is not created by nature, it expresses the ambition of one man to rise above and rule over others, and the experience of history in this regard is telling us is that in the past, as in the present, people obeyed, and commanded "19. Meaningless academic dispute between the two theories: the primacy of law and the primacy of the state. Not the right shapes public policy and public policy is vested in the legal form. Therefore, the state – a political organization, the right to which is the only tool for influencing the control objects (the life of the people, economy, agriculture, etc.).

The expression of pp Pustorosleva, "will and power States, acting by means of the supreme state body – that's the only creators of the legal order or law "20. The idea of self-restraint of the state they also create the right (G. Jellinek) laid apparent contradiction. Not being a bearer of moral qualities of the human person, the state as a social organization, thus unable to make a moral choice: whether to act in accordance with the legal regulations or in spite of them. In this case, it will be guided exclusively on political expediency rather than the letter or spirit of legal norms.

| December 1st, 2017 | Posted in General |

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