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law. The relation between the state and the law actually are very
complicated. As a rule, in normally situation the activity of state is
restricted by the law. In such a situation, the law is a set norms is valid not
only for people, but also as a subject of public life for the state. In other
words, the states should have rights and duties as ordinary citizens and in
case of violation of law the state must be responsible for it. And in case if
the state demonstrates that it is above the law, conflict relations can rise
between them. Such a situation is dangerous because undesirably the state
can act as a cause of arbitraries against citizens. Actually, the similar types
of relations exist between the state and the law. Finally, in result, based on
the law norms the state has the right to adopt a law. That´s why the law is
the product of government, state activity. However, after adoption of the
law, in the normal case, the state is subject to law, observes the law and
begins to operate accordingly. This means that, law is characterized by
superiority over the state. In fact, the state and the law have a mutually
complementary character. The state defines the law norms, ideas and
ensures their realization and implementation and at the same time, law is a
significant component of the power. The state defines the forms of the
state, government power, law and right and its obligations continuing the
citizens including the other subject of the political sphere. It is important to
note and emphasize that, one of the most significant problems of law
sociology is the need and necessity of studying the effectiveness of legal
norms. However, the comprehension of effectiveness concept is
characterized by the fact that it has a complex structure. However, the
concept of effectiveness is characterized by the fact that it has a complex
structure. It is provided by the fact that legal relations are reflected in
various subjects of the social sphere and first of all jointly with their
peculiarities in private individuals, social groups and the state. The
sociologists differentiate the following aspects of law norms effectiveness.
Social effectiveness based on the fact that most
members of the community
and society are in anticipation of law norms. From this point of view, it is
the law that provides the most effective freedom. The law norms defining
non-effectiveness is the limitation of the population interests. Law
effectiveness related to the state is interest. In this case, when we speak
about the state, social groups represented in the government are also
understood. Psychological effectiveness that embodies the legal norms
which positively influence the motivation of individual. There are two
options in this case. First a member of the society can perceive the
usefulness of this or that legal norm for himself and it happens when norm
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is socially effective second, the legal norm can reflect the state´s interest.
Under this influence obedient type of behavior is formed citizens´ behavior
are according to the law because of the state´s demand. Conditions of law
application in functioning of the legal system in society, in other words the
peculiarities of conditions depending on the application of specific,
concrete legal norms play on important role. In law sociology, they are
called the aspect of law application. The aspect of law application is
divided into three groups.
1.The social aspect of the law application is related to the peculiarities
of social structure and social contents as well as some characteristics. Not
less important aspect of law application is the relation and attitude of
private individuals and the whole society on one side and the state and the
government on the other. If this relation and attitude as negative, the
protest in the behavior of population, is noticeable, which reduces the
effectiveness of the law.
2.The clear and precise statement of the law reflects the straight, direct
relation to the law application aspect. Absence of the definite precise
meaning of law norms content, the contradictions among different law
norms, the order of legal norms implementation in law and ethic norms
constitute the essential part of law application aspect. Motives formed by
law norms as well as the existence of positive and negative stimulus can be
related to the psychological aspect of law. The law norm can fulfill not
only reflective but also provocative function. In the first case, the legal
norm forms the individual refusal to implement the definite action. For
example, the thought about the punishment for murder or any other
criminal act can refrain an individual from the criminal offense. In the
latter case, on the contrary the legal norms provoke performativity of
definite actions (never mind how negative the results of these actions are).
For example, the responsibility for not paying taxes can be related to it.
Stimulus play a secondary degree role from the law application aspect
point of view). They can strengthen or weaken motivation. But from the
point of
view of the positive attitude, formation is very important.
In brief, legislative sociology, as a whole law sociology along with
other sciences expand the opportunities to perceive the content of the
problematic situation demanding legislative solution.