Systems Approach Conception of Legal Regulation

Authors

  • Maria A. Kapustina

DOI:

https://doi.org/10.22364/jull.11.09

Keywords:

legal regulation, legal methodology, systems approach, mechanism of legal regulation, legislative regulation, integrative jurisprudence, legal norms, legal relationships

Abstract

The article is devoted to the problem of the formation of systems approach conception of legal regulation in the context of integrative jurisprudence. Today the mechanistic approach to legal regulation retains its popularity. However, the mechanistic approach fails to take into account all the diversity interlinkages, relations and processes occurring in the legal reality, the socio-psychological and informational aspects of the interaction of subjects. The legal regulation does not completely match the legislative mechanism of purposeful state influence, law making and the application of the law of different government bodies and officials. The article points out that the systems approach conception of legal regulation allows to overcome diagrammatic mechanism design stages of state normative regulation and to consider the legal regulation as a complex system of interrelated norms (legal establishment) and legal relationships, legal consciousness and legal principles during information transmission in jural relations, solve the complicated scientific and practical problems of legal regulation.

Author Biography

Maria A. Kapustina

Doc., Dr. iur., Candidate of Sciences (Ph.D. in Law) 
Saint-Petersburg State University, Faculty of Law
Associate Professor (Docent) at the Department of Theory and History of State and Law

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Published

2018-08-22

How to Cite

Kapustina, M. A. (2018). Systems Approach Conception of Legal Regulation. Journal of the University of Latvia. Law, (11), 110–123. https://doi.org/10.22364/jull.11.09