The Legal Regulation in the Context of the Paired Operation of the Law and Opposition to its Implementation

Abstract

Legal reality examination reveals contradictions and uncertainties that make the researcher think about the correctness of the tasks and tools of doctrinal cognition. In modern science, a wide range of means of cognition have been developed, which makes it possible to overcome such situations and achieve the expected outcomes. One of the jurisprudence methodological resources includes the logical form of paired categories. This method is used to reveal the interaction between non-polar elements in any phenomenon, to form the most complete model of the process or mechanism functioning, etc. In the paper, the author proposes to examine the process of legal regulation through the linkage of the concepts "action of the law — opposition to the implementation of the law." The phenomena under consideration possess not only the distinctive properties, but also the properties that conciliate them. This made it possible to consider the interaction between the operation of the law and the counteraction to it within the framework of legal regulation. On the basis of the algorithm of categories pairing, the study concludes that the action of the law and the opposition to it are subordinate to the law of the unity and struggle of opposites. The development of the unity of the opposites under consideration is taking place in the course of legal regulation representing a contradiction expressed in two mutually exclusive statements: "legal regulation is determined by the operation of the law," "legal regulation is determined by opposition to the law."