Журнал «Современная Наука»

Russian (CIS)English (United Kingdom)
MOSCOW +7(495)-142-86-81

The role of interest in law

Lashevich А. А.  (Applicant, Russian State University of Justice (Moscow))

The article is devoted to the analysis of the category of "interest" in legal science and its conceptual value. The author studies the positions of various scientists regarding the meaning and content of the category of interest in accordance with three established approaches: subjective, objective and dialectical. The position is argued that interest is more of an objective phenomenon. An attempt is also made to systematize the views of researchers on the terminological understanding of the category of interest. During the study, the author defines interest as the subject's need for a certain material or intangible good. When studying interest from the point of view of legal science, an attempt was made to confirm the existence of a correlation between interest and subjective law. Particular attention is paid to the concept of interest of Rudolf von Iering, as well as to the consideration of arguments put forward by his opponents. In the process of this analysis, the author concludes that the theory of the German scientist is the most convincing for the interpretation of the essence of law and the process of forming legal norms. Taking into account the fact that objective and subjective law are inextricably connected with each other, the essence of law is united for them. As a result of the study, the author concludes that sustainable, socially significant interests constitute the essence of law.

Keywords:interest, interest, requirement, essence of the right, objective right, subjective right, competences of subjects of legal relationship

 

Read the full article …



Citation link:
Lashevich А. А. The role of interest in law // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2021. -№01. -С. 119-123 DOI 10.37882/2223-2974.2021.01.14
LEGAL INFORMATION:
Reproduction of materials is permitted only for non-commercial purposes with reference to the original publication. Protected by the laws of the Russian Federation. Any violations of the law are prosecuted.
© ООО "Научные технологии"