BEHAVIOR IN THE LEGAL SPHERE OF SOCIETY: THE DYNAMICS OF LEGAL NATURE
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
Analysis of social appearances of behavior leads to a generalization of its social, legal, psychological qualities that are united by the concept of “legally significant behavior”. The society, ordered by the right deed of a person, perceives the social significance of the consequences – useful or harmful for it, controls and evaluates them by the criterion of legality. Such behavior has terminologically unequal expression in science: “behavior in the legal sphere”, “legal behavior”, “legally significant behavior”. The legal significance of the behavior is considered as its regulation by the principles and rules of law, the significance of the real and potential consequences of which are legally evaluated by society. The essence of legal behavior is revealed in its properties: the social significance of behavior reflects its positive or negative impact on the economic, public and private sphere; the intellectual-volitional content of behavior, its conscious-volitional manifestations is the psychological characteristic of the intellectual and emotional-volitional characteristics of the mental manifestations of a person; legal certainty of behavior implies the official fixing of its external and internal indicators in the sources of law; the ability of a person's behavior to cause legal consequences – positive (subjective rights, legal obligations), or negative (measures of legal responsibility as a result of an offense); external form of behavior (its objectification) – its expression as an action or inaction; structure (internal composition) of behavior accumulates manifestations of its subjective and objective features in lawful and illegal actions; state power can and should control the legality or illegitimacy of the actions of subjects; the presence of a causal relationship of the act with the level of legal consciousness and the legal culture of the person; the connection of behavior with legal information and fundamental principles of law; the arbitrariness and variability of the legal content of the act testifies to changes in the boundaries between lawful and unlawful actions. The genesis of the concept of legal behavior implies a link between research and the praxeological dimension of the legal system, in which the legal personality is a central element.
Authors and Affiliations
Sergii Oleinykov
Keywords
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- EP ID EP570609
- DOI 10.25313/2520-2308-2018-9-4419
- Views 99
- Downloads 0
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