In the academic world there are 2 very similar concepts of law and legal research. What is their specificity? What distinguishes a scientific law from a legal?
The content of the article
- What is a scientific law?
- What is a legal law?
- The difference between scientific and legal law
- Comparison table
What is a scientific law?
Under scientific law is commonly understood as the existence of a relationship between phenomena — for example, in nature, on the physical or computational processes, which:
- necessarily formed and has the same properties at the corresponding phenomena in the same terms;
- involves the occurrence of a certain phenomenon as a result of the occurrence of the other in certain conditions, because between them there is a connection.
The main feature of scientific law in that it performs a descriptive function: it describes, explains certain processes. It is the result of observation, analysis, modeling of certain processes. All of these activities, typically conducted by scientists. There is scientific probabilistic laws that involve the triggering of certain regularities in most cases, but not always.
to contents ↑What is a legal law?
Under the law the law is taken to mean a list of rules, regulations and systems governing the human behavior in certain conditions. For example, in transactions with other people, with the establishment of organizations, when performing any work.
Legal law, as a rule, carries out the regulatory function: it instructs the citizen to carry out specific steps, perhaps even if it is contrary to objective necessity. But the descriptive function it is also characteristic — for example, if through a legal law the person recommended to act in a certain way with a clarification on the reasons why specific actions will be preferable to the other.
The law in its present form is usually represented in the format of legal acts. They can be of different levels. If to speak about the Russian legal system, it is a Federal, regional, municipal and local sources of norms. Legal acts regulate different sectors — labor, civil, administrative, international relations.
The legal act is normative (compulsory for all) or non-normative (regulating the activities of a particular person or relatively small group of individuals).
Legal acts that enact legal laws, submitted by the authorized entity — state, municipality, organization. In this third shall not contravene the provisions of the second, and they are required to comply with the rules laid down in the first place.
to contents ↑the Difference between scientific and legal law
The main difference between scientific law from law in that the former is essentially descriptive in nature (i.e., it describes phenomena), and the second is normative (i.e. it regulates the conduct of man in society, in economic relations).
Of course, between them there is a big difference from the point of view of content, the subject of development and adoption. A scientific law is created by scientists and enshrined in special works (e.g. theses), published in the journals shall be delivered at conferences. Legal — developed by state and municipal authorities, the management structures of the enterprise and recorded in the form of a legal act.
In some cases, scientific laws are used in the development of law. For example, if during physical experiments define the important properties of industrial materials and are fixed in the form of scientific law, its provisions may be involved with legally enforceable standards of production of relevant materials.
Identifying the difference between scientific and legal by law, fix its basic criteria in the table.
to content ↑Comparative table
A scientific law
What is common between them?
A scientific law can be used in the development of legal
What is the difference between them?
Is mainly of a descriptive nature
Is primarily regulatory in nature
Developed by scientists
Developed by a competent entity — state, municipality, private company (but scientists can be involved in and influence the procedure of adopting a legal act)
Mainly linked with natural, physical processes
Is associated mainly with socio-economic, political processes