Atypical law.
They are called specialized. They are so named because rules of conduct are not entities in a particular situation, and contain certain provisions that effect common law. Still they are called constitutive regulations.
Among the specialized law usually distinguished: 1. generally securing 2. declarative 3. definitive rules.Specialized legal requirements include operational and conflict rules. Operational standards specify the time and method of entry into force of a legal act, it applies to the new social relations, or repeal of regulatory and legal act. Conflict rules shall govern the selection of a legal rule of several laws.
Generally securing laws perpetuate certain state public relations (the basis of social, economic and political systems).
Declarative rules of law proclaim principles of construction and operation of public and legal reality, the challenges facing legal institutions in a particular field.
Definitive rules of law legally attach certain legal concepts.
Depending on the regulated public relations, from belonging to a particular area of law distinguishes norms of constitutional, administrative, civil, criminal, family, and other areas of law. There are also the substantive laws and legal procedures. Of regulation of social relations distinguish: general law and special rules of law.
By the nature of binding rules of conduct are the following types of law:
1. Imperative (categorical) rule of law. Those rules cannot be changed by agreement of the parties.
2. Discretionary rules of law apply only to the extent that legal entities do not set any other rules of conduct.
3. Recommendation law contains rules which execution is desirable, but not necessary for the state.
On the scope of the law stand outside of the rule of law and internal action. It is a departmental affiliation.
A circle of persons allocate the law, applicable to all persons within the territory of that State, and the rule of law extends to only a certain category of people (soldiers, pensioners, members, youth, doctors).
By the time of the existing law: permanent and temporary rule of law activities.
Depending on the method of expression and fixing norms are issued by public authorities and expressed in legal instruments, norms enshrined in the regulatory instruments, norms, developed judicial and administrative practices and expressed in judicial and administrative precedents, rules embodied in legal practices; standards produced by legal science, standards embodied in religious norms.
Depending on the mechanism of realization of the law are the following: a continuous, ongoing action, which regulate operating continuously for long periods of time or that the social relations, discrete action to regulate social relations that arise, change and stop depending on the presence or absence of other legal facts, the will of the people.
By the degree of activation of socially useful activity allocate incentive law.
Depending on the nature of the object distinguish regulated public relations and social and technical rules of law, establishing rules for handling a variety of technical devices, the rules of conduct for the various natural objects.
Questions for the self-control:
1. What means the «form (source) of the law?
2. What means the term «judicial precedent?
3. Please, explain the difference between the legal custom and judicial precedent.
4. Please, account all the main sources of the law.
Taskfor srs:
Please, create the table of the legal customs and normative legal acts.