Open Access BASE2018

Filosofijos kategorijos teisiniame reguliavime ; Philosophical categories in the legal regulation

Abstract

Human behavior is regulated by many factors. Among them we identify religion, traditions, laws, courts, state institutions, influential individuals, emotions, mind, heart, conscience. Legal regulation of a society, however, is one of the most important legal theory categories. The reasons for legal regulation are different in different systems. For example, in a state dominated by a classical system, the behavior of people is regulated by legal means that pursue to standardize the aggression of one social group against other social groups. On the contrary, in a democratic state, the legal regulation seeks to coordinate the interests of the opposing groups, thereby maintaining social cohesion in the society. As practice shows, the democratic form of legal regulation is more effective when legal means are aimed at regulating human relations to make them fair and consolidating the rights of all social groups. This means that legal regulation can be called the socialization of human behavior for the protection of the society and development of resistance to domination and enslavement. The regulation of human behavior is related to human consciousness – it is driven by conscious processes and especially with regard that not only the law affects the behavior of a person, but also other social norms, economic or other benefits, fear, conscience, etc. However, although these other factors may legally be significant, legal regulation rests only on legal mechanisms that control human consciousness and behavior. Before becoming legal categories, they closely interact with the more general philosophical categories. These categories are considered in the article.

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