Although the essence of the law is quite seriousand a complex topic, its explanation and understanding is extremely important and necessary to comprehend the very essence of legal science. In scientific use, there are many different interpretations and theories that define the main categories on which the law is based. These theories both mutually contradict and complement each other.
In Soviet science, the most common wasthe theory of positive law, which predominantly distinguishes those norms of law that are created by the state and support its functioning. The essence of law, this theory sees in the established state and, as a rule, enshrined in written laws, legal norms and regulations. Even if these state-issued regulations seem unfair and anti-human, they still represent a right to be followed. This theory gained immense popularity in the 19th - first half of the 20th century, but at present other theories successfully compete with it.
From the point of view of supporters of natural law,which received the greatest substantiation in the 17-18 centuries, although the roots of this theory go back to the era of antiquity, the essence of law is that it arises from the natural, innate properties of human nature. The source of the law in this concept is Theory natural law. Its most prominent representatives areabsolute principles that "go outside" through human consciousness and are manifested in the beliefs about justice, freedom, equality. These beliefs are codified as interdependent and universal natural rights that are peculiar to man by his very nature, and which no one can take from him, including the state. This theory, one of the founders of which is the famous Dutch lawyer Hugo Grotius, formed the basis of the theory of human rights. This theory is historically the earliest.
Those who share the concept of the law of the natural,they do not at all deny the existence of the right to the positive, but they base the essence and content of the law not on the will and needs of the state, but on the protection of the individual. Therefore, they believe that a positive law that violates natural rights, even enshrined in law, is in fact not a law. The state can only consider the laws it has created to be truly legal, if the criteria of natural law were taken into account in their writing and codification. Therefore, in this concept, the essential difference between law and legislation is very important. If the latter does not fall under the provisions of natural law, the state cannot be considered legal.
Law School, based on a historical approachcriticized the theory of natural law, having arisen at the same time as it. She originated in Germany. Its representatives believed that morality and values in society are formed historically, and no absolute moral requirements exist. This is proved by the fact that at different times in different states and regions there were often quite opposite systems of morality and concepts of public goods. However, the formation and development of society led to the formation of certain practical social norms and customs, the observance of which makes life easier and leads to stability. When people noticed and singled out such norms, they fixed them with certain treaties, the observance of which was required of everyone. Therefore, the essence of law is local and national customs, which have acquired the form of written contracts and laws. In this approach, the state has the function of an auxiliary institution, which only streamlines the customs.
In modern legal science at this timeThe basic theory of natural law is very common, especially in the sphere affecting international relations and human rights, although many elements of the historical approach are also used as valid ones. Many other theories have also emerged that complement the main ones — the normative one, which suggests exploring “pure” law as a kind of hierarchical emanation of the obligation norm, outside the public and historical context; sociological, which is looking for the content of law in the relations of various social groups and associations; psychological, which concentrates on the legal emotions of the subject or groups of people as a source of informal law, and so on. In fact, the difference between all these approaches lies in the fact that each of them defines as the essence of the law the norms of behavior established by the state, relations between people, developing historically, or legal consciousness based on universal human values.
