Keyword: «social regulation»

There paper attempts to resolve the traditional dispute between supporters of legal positivism and natural law about what axiological foundation of the law is dominant rectitude or law. The author analyzes the classical theories of the rectitude; offers a solution to the dilemma in line with non-classical understanding by phenomenology of the law. As a result, it is concluded that that justice is a way of being human that assigned himself obligation of a reasonable self-regulation. Unconditional recognition of the worth and the normal justice is estimated as more rigid imperative than the law as a collection of regulatory output.

This chapter of the monograph considers such special means of legal technique as legal presumptions and axioms. As social regulators, they are a variety of rules that complement legal norms and help to overcome the most difficult situations in legal regulation, as well as to overcome conflicts in law-making and law enforcement. The chapter focuses on the theoretical and legal emphasis and the reflection of legal presumptions and axioms in Russian legislation and legal practice. The opinions of legal scholars, examples from practice and legislation are given. It is concluded that legal presumptions and axioms, with seeming similarity, are different in their content and purpose mechanisms that are used by legal techniques for the qualitative regulation of various social relations.