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The Anglo-Saxon legal system

The study of the meaning and essence of law insocial life requires a fairly broad approach to the very legal phenomena as such in all their diversity, taking into account the degree of interaction with each other. Of no small importance are the functional properties of these phenomena in relation to society itself, the individual, the state.

Jurisprudence provides for two differentthe notion of a legal system is broad and narrow. In the second case, the national structure is understood, and in the first, a set of several structures. At the same time, a broad sense stipulates that the system of sources of law, methods, basic legal concepts and ways of their development have a common origin.

There are three groups of elements characteristic of all structures.

The first include legal principles, norms and institutions. This group reflects the normative side.

The second group of legal institutions. These elements are the organizational side.

The third group includes a complex of views, ideas, ideas that are characteristic of the existing society. It expresses the cultural side.

These components are used as evaluation criteria in characterizing legal systems. All these elements to some extent determine the nature of the structures.

Anglo-Saxon system of law. Characteristic

This structure includes a precedent,which for a long time was given great importance. However, even now it practically does not concede to other norms. In addition to the precedent, the Anglo-Saxon legal system includes rules of statutory and customary law.

In determining the regulatory frameworklegislation in this structure notes not only the originality of norms in accordance with the type, form of presentation. The Anglo-Saxon legal system is distinguished by a practical lack of sectoral division of the norms of the legislative structure. In other words, the boundaries between industries are rather blurred.

Such a structure of legislation is definedhas influenced the organizational aspect of this system of law. It should be noted that from ancient times the main legislative body in this structure was the judicial body. This is due to the fact that the Anglo-Saxon legal system developed under the influence of precedent. It, in turn, was formed at judicial consideration of certain vital situations. Thus, the decision taken by the judge became a precedent, and all similar or similar cases were subsequently to be decided in accordance with the provisions of this rule.

The Anglo-Saxon legal system does notprovides for the executive bodies to have the right to engage in norm-setting. This is allowed only under certain conditions. Rulemaking is permitted when delegating this right directly by the parliament.

Cultural characteristics of the normativestructure is also under the significant influence of the precedent. Legal views of this system were created in accordance with a special process of rulemaking. Due to the fact that the formation of norms is not carried out legislatively, and when making specific decisions on certain cases by one person, the normative culture in a society is based not so much on respect for the law, but rather on respect for justice, which is the basis for the decision .

According to the lawyer Glasson, described abovethe normative structure is based, mainly, on barbarous customs. This system (when considering it in its pure form) is nothing more than an original family of legal norms.

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