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humans‘ living conditions. People try to solve their problems and meet
their needs without asking anybody‘s permission and concept. In such
cases, the adopted written law and the legal norms are violated but this
kind of activity reflects actual law. Being different sides of the law
subjective and objective law differ. Objective law is the law which is not
dependent on the individual‘s will or consciousness. Objective law defines
the rule of conduct that is compulsory for all and for regulation of public
relations. Objective law has a number of characteristic features that
normative law aimed at regulating public relations. Law compulsory for all
clear from official point of view exactly defined law. The main functions
of the law are considered to be the following ones. Regularity function-
ensures the regulations of public relations. Upbringing educational
function through which law upbringing in other words, formation of
political and legal culture is ensured without its the realization
of the law in
the daily life is simply impossible. It is precise that, the law is established
where there are at least two subjects involved in the activity, namely these
rules and regulations are common to them and these entities regulate and
reconcile their activities. Security function the essence of this function is
that, it promotes positive public relations, protects these relations, bans and
prevents negative situations in this direction. Subjective law being the law
of a concrete specific subject a human or an organization defines its
possible behavior, conduct within the scope of objective law. Subjective
law is the realization of objective law with concrete activities of this or that
subject and objective law cannot be realized beyond subjective law. At
different states of humanity history of the law performed in different
forms. For example, in a traditional society the law is conceived in a form
of a tradition or custom, in other words the rules are observed by the
members of the community, society. This form of conduct and behavior
has been reinforced by long term time and again repetition.
Any tradition historically appeared before the law and wasn‘t the law
completely, but undoubtedly, whether we like it or not is the significant
feature and sign of the law – the existence if the state that ensures the
implementation of the norms. This law sociology not only the law, but also
the character of the custom has their own significance a great diversity of
norms operate in the society legal norms (laws, law norms) are
characterized as one of them. Therefore, it is necessary to respond the
following question: how does the rule of law differ from all other norms?
Emil Durkheim, who is considered to be one of the founders of sociology
believed that first there were intangible norms in culture and social
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institutions. The morality that is made clear by intangible norms.
Durkheim
considered morality to be collective conscience. A conscientious man,
because of his own inner belief in case he didn‘t do any unpleasant action,
the first forms of social control did not require any other type of penalty, in
other words legal mechanisms, investigating bodies, court imprisonment.
However, later on connecting with the development of the society an
individuals separating the community, intangible norms became the from
subject to violation. The ancient societies ideals and the principles of
morality, were devastated. For this reason, like in a state, penitentiary
institutions, investigative bodies and courts were established and one to
them, the order was created in the community. Laws were also created. The
20
th
century great sociologist Antony Giddens valued the law as symbolic
rules, in other words a system of signals (used by the members of the
public for communication and relation) along with political and economic
institutions as one of the most important social institutions. It is difficult to
imagine a more or less stable society without legal system. Law and
tradition are not the same conceptions and they are often different. There
are three different types of relationships and the law are compatible. The
tradition and the law are compatible. In this case, the conservation is about
the law strengthened by the custom. On different stages of society
development, the prohibition of homicide murder, killing with the
exception of defending itself, the family and the affiliated community was
enforced and strengthened customary by the tradition. Forms of negative
act prohibitions and practice of punitive acts and punishment were applied
only afterwards. A custom or tradition are contrary to the law. The absence
of conformity between the law and tradition brings to conflicts and
contradictions.
The rule of tradition has a neutral position in relation towards the law.
We face such situations the law many times, for example in hospitality.
Hospitality is reinforced by national and customary principles in most
nations but nowhere, in no country anybody is punished or judged for
being not enough hospitable. At the same time, there is constant mutual
activity between the custom and the law, interaction between them.
Principally, the two most important aspects of these interactions are
differentiated. First, it happens when the custom abolishes the norm of law,
the second interaction between the custom and the law is referred and
displayed in case when the custom is reinforced by the law. In law
sociology, besides the interaction of a number of social phenomena (a law,
law and a custom) attention is paid to the relation between the state and the