The concept of law form.
Form of law is a way of expression outside the legal rules of conduct. The source of law is the external form of law, a set of methods of forming the state will. In the material sense, a source of the law refers to the material conditions of society, defined by the state government.
In the formal and legal sense, the source of law understood as a set of ways of rising will of the political forces in power to the law. As a source of knowledge of the source of law is handed down to the present time, various historical documents, and religious attitudes.In accordance with the «narrow», «regulatory» approach to understanding the rights legal standards contained in the regulations. However, the legal history of the company and gives other examples of how the objectification of laws. The latter may be contained in the agreements worked out in the judicial practice, emerge historically, and not set by the state. Treaty, judicial precedent, legal practice in this case would be to act as a source of law.
Along with the concept of the «source of law» in legal science is used as equivalent to the concept of «form of law», by which we mean a way of expressing the external design of legal rules, the forms of their existence.
The source of law in the literal sense is public relations. The source of law in legal theory is the outward expression of law. By type of regulated public relations (in branches of law) are the following sources:
a) Sources of constitutional law;
b) Sources of criminal law;
c) Sources of civil law;
d) Sources of labor law.
The term «source» in the legal science is used in different senses. As a source of law in the material sense we talk about social life, social relations, as their development is the need for their legal regulation. From a sociological position, the source of law is the culture, which in the process of selective evolution takes in the social experience and is expressed in mandatory rules of conduct.
In ideological terms, a source of law is a legal concept, the idea, that is, awareness of the law, which also acts as a very significant factor of creation of the right.
The rules of law are developed as a result of a conscious, willful human activity. In legal science and the origin of a particular document of law (Russian Truth, «Zheti-Zhargy») this includes your previous regulations, customs, and judicial practice. According to well-known legal scholars of CIS, the source of the right to name and base binding legal norm-state will, but more often than in the formal and legal meaning under the source of the right to understand the external form of the existence of legal rules.In jurisprudence with pluralistic sources of law the value of each source of law is determined by the legal system, especially in its historical development, the specific relationships. We should not lose sight of that in every branch of the law has its own conception of the sources of law.
Legislation is only a small part of the labor law in industrialized countries. Rules determining the relationship between employer and employee, for the most part are not reflected in the codified law. Elsewhere in the West there is a great importance of judicial practice. Along with this, many very important issues are regulated by collective agreements often go beyond the standards set in the legislation.
In modern legal literature it is stated that the form of law, ideally characterized by several features: it must secure legal will of the people, conditioned by the existing socio-economic basis, to ensure political power to serve the interests of the people, to assert the priority of law as the most democratic form of expression of interests, democratic procedures for the preparation and passage of regulations in law-making body.
2.