Legal regulation: positive and negative aspects

In: Gosudarstvo i pravo, Heft 4, S. 50

Abstract

The article is devoted to the actualization and substantiation of the dual nature of legal regulation. The methodological basis of the study is a pluralistic approach to law and dualistic dialectics. In the aspect of the conflict nature of social development as one of the determinants of the social nature of law, the author states the methodological significance of conflictological legal understanding for the actualization of the dualistic nature of legal regulation in the unity of its regulatory and protective principles. The author proceeds from the hypothesis that legal regulation has as its subject the ordering and protection of social relations in the order of establishing regulatory and protective norms, which corresponds to the essence of law. The indicated dualism of the subject of legal regulation is used for its dual characterization at the level of positive and negative aspects, expressing the correlation of the dichotomy of the regulatory and protective functions of law with the dichotomy of positive and negative types of social relations. The argumentation of the positive and negative principles of legal regulation is based on institutional and legal means.