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The Effectiveness of Legal Norms in Postmodern Society
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The Effectiveness of Legal Norms in Postmodern Society
Annotation
PII
S1605-65900000622-5-1
DOI
10.12737/jrp.2023.064
Publication type
Article
Status
Published
Authors
Dmitry Pashentsev 
ORCID: 0000-0002-6789-9175
Occupation: Chief Researcher
Affiliation: Institute of Legislation and Comparative Law under the Government of the Russian Federation
Address: Moscow, Russia
Edition
Volume 27 No. 6
Pages
22-33
Abstract

The issues of the effectiveness of law and its norms have repeatedly become the subject of scientific discussion, but have not found an unambiguous solution. On the basis of Russian jurists' works an idea has been formed that the effectiveness in law is determined not only by the fact of the implementation of specific norms and the achievement of the result planned when they are adopted, but also by their social usefulness and compliance with the fundamental values of this particular society. Modern society, often referred to as postmodern society, has a number of features that have a significant impact on the development of law and its regulatory impact.

The purpose of the study is to identify the dependence of the understanding of legal norms effectiveness on the basic characteristics of postmodern society.

Research methodology: classical legal methods and methods of post-non-classical science, focused on the study of complex self-developing systems, as well as recognition of the special role of the subject in legal regulation.

Conclusions: the degree of legal norms effectiveness should be based on the result that their application has brought to society and the degree of achievement of goals that meet the objectives of social management at this stage of social development. At the same time, the social goals of a legal norm can be achieved provided that it meets the necessary technical and legal parameters, as well as when it turns into a “living” right embodied in the daily legal behavior of participants in public relations.

Keywords
effectiveness of law, rule of law, postmodern society, subject of law, law enforcement, social value of law, lawmaking
Date of publication
21.06.2023
Number of purchasers
12
Views
175
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0.0 (0 votes)
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