Violation of Law as a Legal Conflict

Abstract

The purpose of the research is to study – on the basis of public relations and law of various countries – the characteristics of violation of law as a variety of social conflict, and to determine соrrelations of material notion “public danger” to notions “conflict” and “legal conflict.” The authors use the philosophical law of integrity and struggle of the oppositions, rather-legal, historical and legal, and formal and legal methods. The authors analyze characteristics of violation of law as a variety of social conflict with the existing values. Absence of similarity of the notions “social value,” “value that is set by the law,” and “value set by the state” is determined, and the possibility of state’s violating the law is considered. Characteristics of crimes, envisages in criminal codes of various countries, are compared, and the feature of public danger, which should ideally reflect the true system of values for a certain organized society, is analyzed. Commonness of the objects of crimes, envisaged by criminal codes of various countries, is shown. Similarity of a lot of objects of crimes, envisages in criminal codes of various countries, is predetermined by the existing values, which are equal for all countries with democracy. Public danger as a criterion of social conflict, due to its evaluation character, which is conducted by authorized subjects, does not influence the acknowledgment of crime – even if criminal law envisages relations that are not values and are alien to this society. From the social aspect, violation of law is a variety of social conflict – with real and formal value, which may not coincide with true public values.

Citation

Lipinsky, D.A., Bolgova, V.V., Musatkina, A.A. and Khudoykina, T.V. (2019), "Violation of Law as a Legal Conflict", Popkova, E.G. (Ed.) “Conflict-Free” Socio-Economic Systems, Emerald Publishing Limited, Bingley, pp. 47-54. https://doi.org/10.1108/978-1-78769-993-920191007