Природа интересов в праве

Abstract

The nature of interests in law is considered. The study draws attention to the fact that it is not possible to distinguish between objective and subjective factors in the development of social interest. This is explained by the fact that subjective (conscious and unconscious, automatic) factors depend on the external environment, but it is difficult to establish the degree of their influence on the need for a person to possess certain benefits. The differentiation and/or unity (rather, it is a relationship) of these factors is extremely complicated and can be constructed only in general terms within the framework of the analysis of the patterns of development of needs , motives, and the influence of incentives on a particular person. In this regard, the nature of social interest is intersubjective. The subject of work is the analysis of the nature of interests in law within the framework of an intersubjective approach, and above all from the standpoint of their coordination, competition, constant dynamics in law-making and law enforcement activities. The purpose of work is to determine the nature of interests from the standpoint of various approaches that are the starting point for the study of interests that have legal significance. The methodological basis of the study is: general and particular scientific methods, namely logical; such techniques as description, analysis, generalization, abstraction are used, a system-functional approach is applied. Considering interest from the point of view of subjective, objective, subjective-objective approaches, the study notes that none of these positions corresponds to the patterns of formation of interest, either social or legal. Also, subjectivity cannot be recognized as a characteristic of interest, as well as subjectocentrism, the subjective orientation of legal understanding. In this case, it is necessary to distinguish between the nature of law interests, law means, development mechanism (origins, patterns) and their implementation in social and law practices. It is concluded that common interests are determined by the need for certain benefits of socially significant necessity or social benefit, states, statuses, become legally significant in connection with institutionalization. Law interests, as a consequence, should basically have a special social significance and recognition of the provision of benefits, ways and means of obtaining them. The conclusion is formulated about the need to recognize intersubjectivity as the most important property of social and law interests in modern society.