Lesson in social science on the topic “Modern approaches to understanding law. Modern approaches to understanding law – Knowledge hypermarket Lawmaking process in the Russian Federation

1. So, rights belong to a person from birth. These rights are the highest value. Properly managing it is your main practical task. No one can solve this problem for you. But the responsibility for the results in the first place lies with you.
2. From the foregoing, there are three main practical responsibilities: human rights must be a) respected, b) respected, and c) protected. Respect for rights is manifested primarily in their observance. And compliance in some cases is associated with the need to protect them. The fulfillment of these responsibilities will require tremendous personal effort throughout life.
3. As a citizen, you will not only have to observe the actions of the authorities, but also face their representatives. The actions of the authorities can be correctly assessed only through the prism of their attitude to human rights, to your rights. Moreover, it should be firmly remembered that you have the right to control the decisions and actions of the authorities, agree or disagree with them and, if necessary, appeal against them in court.
4. You live in a society surrounded by other people who have the same rights as you. Therefore, the exercise of your rights must not violate the rights and freedoms of others.
5. You have the right to participate in the legislative process, even if you are not part of the circle of subjects of legislative initiative. As a citizen, you can make a legislative proposal (if there is something to propose).

Document

From the work of the modern Russian jurist S. S. Alekseev "Law: ABC - theory - philosophy."

The theory of natural law has become, in fact, the first in the history of philosophical and political thought, an extremely simple, cross-cutting idea that has passed through the centuries, aimed at simply, in accordance with common sense and the requirements of science, to connect law with the natural principles of people's lives, with the natural environment, with human existence.

That is why natural law views have become not only ... the starting point in really thorough deep philosophical interpretations of law, but also one of the most significant achievements of humanitarian thought in the history of mankind, an accomplishment and a kind of "discovery" of the human spirit.

Questions and tasks for the document

1. State the main idea of ​​the passage.
2. Why, in the history of world thought, did the idea of ​​natural law manage to pass through the ages?
3. Based on the knowledge gained, explain what grounds the author had for asserting that natural law views have become the most significant achievement of humanitarian thought in the history of mankind.

Questions for self-examination

1. What is the essence of the normative approach to law?
2. Describe the main features of natural law.
3. How does natural law become a legal reality?
4. Explain why the interaction of natural and positive law is necessary.
5. What is the humanistic meaning of natural law?
6. Why is the legislative process built in stages? What are the main steps in creating a law?

Tasks

1. Based on the analysis of the definition of positive law as a system of generally binding social norms, protected by the power of state coercion, which provides legal regulation of social relations, perform a number of tasks:
   1. indicate what features of the normative approach to law are reflected in this definition;
   2. prove that this definition does not give a complete picture of the essence of the modern understanding of law;
   3. based on your ideas about the modern approach to understanding law, make up your own definition of law (not necessarily short, you can give a description; the main thing is that it reflects the typical features of modern legal understanding).
2. Compare two statements:

   “What are kingdoms (states) without justice, if not big bands of robbers?.. There can be no law where there is no true justice. For what is right is certainly right. And what is done unjustly cannot be done rightly” (Augustine (354-430), Christian theologian).

   “From the standpoint of legal science, law under the rule of the Nazis [we are talking about German fascists] is law. We may regret it, but we cannot deny that it was right ... We may feel disgust for it, like ... for a poisonous snake, but we cannot deny that it exists ”(G. Kelsen (1881 - 1973), Austrian lawyer).

   What is your attitude to these statements? Explain your point of view. From what positions do you proceed in your assessment?

Thoughts of the wise

“Among peoples enjoying civil liberty, every individual is constrained by law, at least to the extent that this constraint is necessary to maintain the right of all.”

Stendhal (1783-1842), French writer

>> Modern approaches to understanding law

§ 19. MODERN APPROACHES TO THE UNDERSTANDING OF LAW

Why do people understand law differently? When is the law contrary to law? Is it possible to create an ideal law? Can your class come up with a legislative initiative?

From the 10th grade course, you know that in modern jurisprudence there are different approaches to understanding law (in other words, different legal understanding). The phenomenon is quite normal. For a deep study of law, different approaches are valuable if they help in the search for truth.

Lawyers note that today one of the most controversial is the question of the relationship between law and law. Let us turn to the two most typical approaches, familiarity with which will reveal the valuable and useful in each of them.

NORMATIVE APPROACH TO LAW

It got its name from the word "norm", that is, a legal rule, the most important feature of which is obligatory nature based on coercive force of the state . According to this approach, there is actually no difference between law and law. A normative act, a law, in which the state will finds its expression - this is the law. The normative approach approaches the Marxist one, according to which law is the will of the ruling class elevated to law.

However, not all jurists agree with this approach. If law, they argue, is reduced to the laws that the state makes, one should think that there is no law outside the law. The state can arbitrarily introduce any laws, “give” citizens certain rights, and just as arbitrarily select them. It turns out that the state is the only creator of law, it is also the source of human rights, and, therefore, any state (and every state has laws) can be considered legal.

Such an approach to law is fraught with the danger, at least, of state arbitrariness. In general, for this approach, according to its critics, the question of what law is in the true sense does not exist, since for it law is an officially given, effective positive law (i.e., existing laws).

At the same time, the normative approach is attractive from a practical point of view. Indeed, in solving a particular case, lawyers (judges, prosecutors, lawyers) can rely only on the norm of the law.

In general, regarding the normative approach in jurisprudence, there is no unambiguous assessment. Both positive and negative features are noted at the same time. Let's characterize some of them.

The positive side is seen in the fact that the normative approach, more than any other, emphasizes the main defining property of law - its normativity , i.e., the presence of a system of norms (obligatory rules of conduct) that clearly define how one can and should act in certain circumstances. If the norm is indeed a generally binding requirement that everyone (without any exceptions) must fulfill, this is good for society.

Another positive feature of the normative approach is the clarity, unambiguity of the expression of a legal requirement, legal formulations, i.e. formal definition of the norm . This allows you to correctly, without ambiguity, understand the content of the normative act, be guided by its requirements.

Another advantage of the normative approach is that it clearly states sanctions - means of state coercion (in case of violation of the rule of law).

Among the clearly negative features of normative legal understanding is, first of all, ignoring the humanistic side in the content of law. Within the framework of this approach, law is not considered as a measure of freedom and justice, and the leading role of human rights in the system of law is not taken into account. Consequently, the vital interests of those to whom legal norms are addressed are actually ignored: the interests of the state are put in their place.

Such ignoring is dangerous not only for a person, but also for the state itself. In certain circumstances, the state may be guided by outdated norms. Or, worse, to issue normative acts that contradict the requirements of humanism and meet the interests of conservative and even reactionary forces. So, for example, in the conditions of the Stalinist dictatorship in the USSR in the 30s. 20th century an inhuman normative act* was adopted, which the people called the "law of three spikelets". Its essence is that starving people were forbidden to pick up accidentally fallen spikelets after harvesting. Draconian punishments were established for violation (up to and including execution). Such "normative acts", devoid of humanistic content, were capable of undermining faith in Soviet power and the state.

NATURAL LAW: FROM IDEA TO LEGAL REALITY

We note right away that there is no unified theory of natural law. Natural legal ideas were developed in their works by various authors, among whom are many outstanding minds of mankind. At the same time, these teachings contain many similar ideas, provisions, conclusions, which allows us to speak about some typical features of natural law. According to these ideas, every person from birth (in other words, as nature, a living organism, by virtue of nature) has a certain set of rights and freedoms which are inalienable and belong to him all his life.

Supporters of natural law believe that law is not identical with law and means something more. The law, according to this understanding of law, is only one of the forms of expression of law. Let's explain.

The fact is that the laws established by the state, supporters of natural law, refer to the creations of the person himself (in the person of the legislator, ruler, state) and call positive law , i.e. positive, existing as a documentary reality.

* This refers to the by-law - the Decree of the Central Executive Committee and the Council of People's Commissars of the USSR "On the protection of property of state enterprises, collective farms and cooperation and the strengthening of public (socialist) property" of August 7, 1932.

However, not all forms of law are created by people, by the state. Along with the positive, there is a right that is independent of the will of this or that legislator, the state, - natural law .

According to studies, even in the times of antiquity and early Christianity, they began to distinguish between "right by nature" and "right by human establishment." It is interesting that in Roman law there were two different terms: jus - right and lex - law.

The period of a truly triumphant procession of "law by nature" was the New Age. The Russian jurist I. A. Pokrovsky (1868-1920) noted that the idea of ​​natural law “stretches continuously through the entire history of Western Europe”, but it acquires special depth and intensity in the 17th and 18th centuries. - in the era to which the name of the era of natural law is predominantly given.

Together with the first steps of bourgeois democracy, natural law develops from theory into state-legal reality. Let us recall the largest legal documents already known to you, which were adopted during this period and absorbed the ideas of natural law: in the USA - the Declaration of Independence (1776) and the Constitution (1787), in France - the Declaration of the Rights of Man and Citizen (1789) and the Constitution (1791). Included in the content of state documents, natural law has turned into valid universally binding legal norms. Such major changes in the political and legal sphere of society are called by modern jurists the first (anti-feudal) revolution in law (a revolution not in the sense of violence, but in the sense of a sharp, abrupt transition to a new legal state).

This is followed by a long period of decline. As you know from the history course, the end of the 19th - the first half of the 20th century. marked by gigantic social catastrophes - crises, revolutions, world wars.

But history, as you may have noticed, loves paradoxes: it was these upheavals and troubles that forced mankind to look for ways to improve existing (positive) law in such a way that could stop any possibility of establishing tyrannical regimes. Sooner or later these paths were bound to lead to the recognition of natural law. And in the middle of the XX century. it was "reopened" in order to continue fulfilling its humanistic purpose.

Establishing itself as a legal reality, natural law becomes a kind of spiritual basis for democratic reforms in a number of countries. In December 1948, the Universal Declaration of Human Rights was adopted, and then a voluminous package of fundamental legal documents, which together made up the so-called Charter of Human Rights. In the same period, many European countries, especially those that experienced the horrors of fascism - Germany, Italy, Spain - included special sections on human rights in their national constitutions, thereby giving them direct legal significance, and priority. This moment is called the second (anti-totalitarian) revolution in law, when natural law again acquired directly legal significance. The Constitution of the Russian Federation (1993) also included a chapter on the rights and freedoms of man and citizen.

What rights are classified as natural, innate, inalienable human rights?

Before answering this question, let's define what human rights are. There is such a definition in science: human rights are normatively formalized (i.e., presented in the form of clearly formalized norms) features of a person’s being, which express her freedom and are a necessary condition for her life, her relationships with other people, with society, the state.

Amazing in depth and expressiveness definition. It becomes clear what is the peculiarity (essence, distinctive property) of natural rights in all the infinite diversity of human life (being). Only rights can determine the normatively formalized (i.e., fixed in the norm) limit of his freedom (the measure of freedom). Or, in other words, freedom can only be defined through the rules of law (which also includes duties).

Based on this definition, we note that the normatively formalized features of a person’s being - his rights - include, first of all, the right to life and everything that contributes to the preservation and development of life: the right to inviolability of the person, the right to own property, the right to freedom of thought, speech , movement, the right to elect their rulers, etc. We will not further enumerate the rights known to you. We only note that today one can meet the division of rights into basic and constitutional. However, in science there is a well-reasoned opinion that fundamental human rights are constitutional rights. Therefore, in order to get acquainted with them, it is necessary to turn to our Constitution.

RELATIONSHIP OF NATURAL AND POSITIVE LAW

Positive law as a documentary reality appears with the emergence of the state and exists only in writing, in the form of laws and other legal documents established by the state (for example, you can recall the legal documents that you may know about from history: the ancient Indian laws of Manu, the laws of the king Hammurabi, Roman laws of the XII tables, Russian Truth, Napoleonic Code, etc.).

Natural law, being the objective fundamental principle of legal norms, operates regardless of whether it is enshrined in any legal document or not (first of all, it affects legal consciousness).

Proponents of the natural law approach distinguish between natural and positive law. But at the same time, they certainly do not reject positive law, that is, laws that the state adopts. The problem lies in the quality of the law: if it does not correspond to the values ​​of natural law, it cannot be considered legal. In other words, if positive law is not based on natural law, does not proceed from its values, it ceases to be law. The highest value rights is human , his natural, innate, and therefore inalienable rights. This main idea natural law approach.

Consequently, natural law makes it possible to evaluate the quality (serves as a criterion) of positive law (law). It helps to determine how the law respects the interests of the individual , his rights and freedoms. This is the meaning of the distinction between the right to the natural and the positive. However, this distinction is not absolute. In modern law, there is a completely natural process of convergence of natural law with positive. Let's take a closer look.

It has already been noted above that natural rights express the measure of human freedom. From the standpoint of the natural law approach, freedom itself is interpreted as a space of human activity, the realization of people's natural inclinations, as a natural opportunity to act at one's own discretion, in accordance with one's own will and interest.

At the same time, and this is especially emphasized by the supporters of natural law, freedom cannot be unlimited . There is no such freedom. Unregulated freedom always turns into its opposite - lawlessness, arbitrariness, lawlessness, which lead a person to a catastrophe of self-destruction (you yourself could give many examples of the manifestation of unlimited "freedom").

To determine the limit (measure, scale) of freedom, or, in the words of I. Kant (1724-1804), the limit of compatibility of the freedom of each person with the freedom of all other people, first of all, two great social regulators, originating from life itself, - law and morality .

There is reason to conclude that the need for a clear fixing of the boundaries of freedom makes an inextricable link between natural and positive law. According to its fundamental social role, natural law serves as the fundamental principle, the primary source of positive law, constantly nourishes it with ideas humanism, freedom, justice. In turn, positive law gives these ideas the force of a universal, mandatory, state-protected norm of behavior - force of law thus making the desired freedom of people a reality.

To illustrate the relationship between natural and positive law (law), let us give an example of a court case, which was described by the famous Russian jurist S. S. Alekseev.

This happened in the taiga, where geologists worked. Going out one morning to the river, the geologist Petrov (surnames have been changed) heard the crackling of bushes on the opposite bank. "Bear!" he thought. And it is no coincidence that bears really often bothered geologists. Wasting no time, Petrov rushed for a gun, he was joined by another geologist - Shirokov. Jumping ashore, they simultaneously fired at a black spot that could be seen through the fog. Their guns were exactly the same, bought in the same store.

The ending of the story is tragic: on the other side, they killed not a bear, but the head of a neighboring geological party, who was fiddling with fishing gear. During the trial, it turned out that the deceased was killed by only one bullet, and the second, hitting a cartridge for a rocket launcher, lying in the pocket of the victim, flew off to the side. Whose bullet killed, it was impossible to determine: they both shot. But it was not a premeditated murder, although both showed gross negligence and the second bullet bounced off only by accident. Therefore, the court found them guilty. From the point of view of the current law, everything was correct. However, the Supreme Court reversed this decision. The judges reasoned: death came from only one bullet, which means that one person is obviously innocent. And here a deep understanding by the judges of the very essence of law appeared - the law as justice . And justice demanded the release of the innocent. But who? It is impossible to determine. And both were released.

LEGISLATIVE PROCESS IN THE RUSSIAN FEDERATION

The process of creating a law consists of several main stages, or, as they say, stages.

first stage called legislative initiative. It's about on the right to propose a bill to the State Duma. We emphasize that the bill is submitted only to the State Duma. Thus, the Constitution delimits the competence of the chambers: the process of adopting a law is assigned to the competence of the lower house (the State Duma), and the right to approve or reject the law is granted to the upper one (the Federation Council).

The Constitution limits the circle of subjects of legislative initiative (Article 104, Part 1). This includes: the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, the legislative bodies of the constituent entities of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues within their jurisdiction (that is, on those issues that fall within their competence). However, no one is deprived of the right apply to parliament with legislative proposals. The difference is that with regard to proposals, the Parliament is free to decide how it will deal with them, while the legislative initiative is obliged to consider. We also note that a number of bills can be introduced only if there is a conclusion of the Government of the Russian Federation (this applies to the so-called financial bills - Art. 104, part 3).

Second stage - discussion of the bill in the State Duma. It is carried out in stages: first, a preliminary (informal), and then a formal discussion. The preliminary discussion is called parliamentary hearings, when, together with the opinion of parliamentarians, the opinions of statesmen and public figures, as well as experts (lawyers, political scientists, economists, sociologists, etc.) are heard. Their comments and suggestions help to achieve a high quality of the future law.

The official discussion in the State Duma, according to the regulations, is held three times, as they say, in three readings. During the first reading, the main, fundamental provisions of the bill are worked out (at the same time, it can be rejected or approved). The second reading can be called the most captious, thorough: a detailed article-by-article review of the draft as a whole is underway, the necessary amendments are made (and at this stage the bill may be rejected or approved). The third reading completes the discussion of the bill in the lower house of parliament. During this reading, deputies cannot make any amendments, they make an unambiguous decision - to approve or not approve a bill (by the way, it happens that a bill can be adopted in three readings at once).

Third stage - adoption of the law in the State Duma. Depending on the type of law, there are differences in the adoption procedure. To pass an ordinary federal law, a simple majority of votes of the total number of deputies (50% plus 1 vote of the total number - 450 deputies) is required. A federal constitutional law is adopted only if it is approved by the so-called qualified majority (at least two-thirds of the votes).

Fourth stage - adoption of the law in the Federation Council (its number - 178 deputies). The law adopted in the State Duma goes to the Federation Council, where it must be considered, adopted or rejected within 14 days. Only federal laws adopted by the State Duma on issues listed in Article 106 (on finance, international treaties, state borders, war and peace) are subject to mandatory consideration here. And then the voting procedure is structured as follows: an ordinary federal law is considered adopted if more than half of the deputies vote for it; no less than three-quarters of the total number of deputies of the upper chamber must vote for the adoption of a federal constitutional law.

Fifth stage - signing and promulgation of the law. The federal law adopted by the Parliament is sent to the President of the Russian Federation. Within 14 days, he must consider and sign it (or return it for reconsideration). The law signed by the President must be promulgated. The purpose of promulgation is to bring the content of the new law to the attention of the population by publishing it in official publications - Rossiyskaya Gazeta and Sobranie Zakonodatelstva RF. Only published law comes into force .

In a situation where the President does not agree with the content of the law and refuses to sign it, the federal law is returned for reconsideration by the chambers. And if, upon reconsideration, the law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President and promulgation (Article 107).

PRACTICAL CONCLUSIONS

1 So, rights belong to a person from birth. These rights are the highest value. To dispose of it correctly is your main practical task. No one can solve this problem for you. But the responsibility for the results in the first place lies with you.

2 From the above, there are three main practical responsibilities: human rights must be a) respected, b) respected and c) protected. Respect for rights is manifested primarily in their observance. And compliance in some cases is associated with the need to protect them. The fulfillment of these duties will require great personal effort throughout life.

3 As a citizen, you will have to not only observe the actions of the authorities, but also to deal with their representatives. The actions of the authorities can be correctly assessed only through the prism of their attitude to human rights, to your rights. Moreover, it should be firmly remembered that you have the right to control the decisions and actions of the authorities, agree or disagree with them and, if necessary, appeal against them in court.

4 You live in a society surrounded by other people who have the same rights as you. Therefore, the exercise of your rights must not violate the rights and freedoms of others.

5 You have the right to participate in the legislative process, even if you are not part of the circle of subjects of legislative initiative. As a citizen, you can make a legislative proposal (if there is something to propose).

DOCUMENT

From the work of the modern Russian jurist S. S. Alekseev "Law: ABC - theory - philosophy".

The theory of natural law has become, in fact, the first in the history of philosophical and political thought, an extremely simple, cross-cutting idea that has passed through the centuries, aimed at simply, in accordance with common sense and the requirements of science, to connect law with the natural principles of people's lives, with the natural environment, with human existence.

That is why natural-legal views have become not only ... a starting point in truly fundamental deep philosophical interpretations of law, but also one of the most significant achievements of humanitarian thought in the history of mankind, an accomplishment and a kind of “discovery” of the human spirit.

QUESTIONS AND TASKS FOR THE DOCUMENT

1. Formulate the main idea of ​​the fragment.
2. Why has the idea of ​​natural law been able to pass through the centuries in the history of world thought?
3. Based on the knowledge gained, explain what grounds the author had for asserting that natural law views have become the most significant achievement of humanitarian thought in the history of mankind.

SELF-CHECK QUESTIONS

1. What is the essence of the normative approach to law?
2. Describe the main features of natural law.
3 How does natural law become a legal reality?
4 . Explain why the interaction of natural and positive law is necessary.
5. What is the humanistic meaning of natural law? c Why is the legislative process built in stages? What are the main steps in creating a law?

TASKS

one . Based on the analysis of the definition of positive law as a system of generally binding social norms, protected by the power of state coercion, which provides legal regulation of social relations, perform a number of tasks:
1) indicate what features of the normative approach to law are reflected in this definition;
2) prove that this definition does not give a complete picture of the essence of the modern understanding of law;
3) based on your ideas about the modern approach to understanding law, make up your own definition of law (not necessarily short, you can give a description; the main thing is that it reflects the typical features of modern law understanding).

Formulate the main idea of ​​the fragment and briefly comment on the critic's statement: "The famous Bashmachkin remained, in general, a mystery to the reader"

So, one official served in one department; the official cannot be said to be very remarkable, short in stature, somewhat pockmarked, somewhat reddish, even somewhat blind-sighted, with a slight bald head on his forehead, with wrinkles on both sides of his cheeks and a complexion that is called hemorrhoidal ... What to do! Petersburg climate is to blame. As for the rank (for we first of all need to announce the rank), he was what is called the eternal titular adviser, over whom, as you know, various writers taunted and sharpened plenty, having a commendable habit of leaning on those who cannot bite . The surname of the official was Bashmachkin. Already by the very name it is clear that it once descended from a shoe; but when, at what time, and how it originated from the shoe, none of this is known. And father, and grandfather, and even brother-in-law, and all the Bashmachkins completely walked in boots, changing soles only three times a year. His name was Akaky Akakievich. It may seem to the reader a little strange and sought after, but one can be assured that no one was looking for it, and that such circumstances happened of themselves that it was impossible to give another name, and this happened exactly like this. Akaky Akakievich was born against the night, if only memory serves, on March 23rd. The deceased mother, an official and a very good woman, settled down, as it should, to christen the child. Mother was still lying on the bed opposite the door, and on the right hand stood the godfather, the most excellent person, Ivan Ivanovich Eroshkin, who served as head clerk in the senate, and the godfather, the wife of a district officer, a woman of rare virtues, Arina Semyonovna Belobryubykova. The mother was given a choice of any of the three that she wants to choose: Mokkiya, Sossia, or name the child in the name of the martyr Khozdazat. “No,” the deceased thought, “the names are all like that.” To please her, they unfolded the calendar elsewhere; three names came out again: Trifilius, Dula and Varakhasy. “This is the punishment,” the old woman said, “what are all the names; Indeed, I have never heard of such a thing. Let it be Varadat or Varukh, otherwise Trifiliy and Varakhasiy. They turned the page again - they came out: Pavsikahy and Vakhtisy. “Well, I already see,” said the old woman, “that, apparently, such is his fate. If so, let it be better to call him like his father. The father was Akaki, so let the son be Akaki. Thus, Akaky Akakievich happened.

(N.V. Gogol "The Overcoat".)

Show full text

The main idea of ​​the fragment is the description of Bashmachkin's insignificance. Even with the name he was not lucky. The author describes the appearance of an unremarkable person in great detail: "short, somewhat pockmarked ..." But at the same time, he says almost nothing

8) The main idea of ​​​​the fragment is that the main character of the work of N. V. Gogol "overcoat" was an unremarkable person, a member of the gray mass". In life, he achieved nothing and did not play a particularly important role for people. Even the hero's own mother was it is relatively indifferent to the birth of a son, which is proved by the fragment about the choice of a name for a newborn; the woman did not consider it necessary to figure out how to name the child in advance.

Throughout his conscious life, Bashmachkin remained a "little man", he did not achieve career growth, he did not have close friends. After the death of the hero, everyone forgot, as if he did not exist.

In the story "Overcoat" we meet fantastic images used by the author to give the work of mysticism. One of these is the ghost of Akaky Akakievich Bashmachkin, who behaves like a real robber, he robs people at night, pulling off their overcoats. The hero thus takes revenge after death for his offense. The triumph of justice is coming. So Gogol calls for generosity.

9) We can see fantastic elements in other works of literature of the 19th - 20th centuries.

So, in the novel by M. E. Saltykov-Shchedrin "the history of one city" you can find various images that create the absurd world of the author, for example: "Ivan Panteleevich pimple Turned out to be stuffed with his head, Brodysty had in his head" some special device ". Also in" Inventory "there is a memo about how the mayor Lamvrokakis died, eaten in bed by bedbugs.

In the work of M. A. Bulgakov "Heart of a Dog", an unsuccessful experiment by Professor Preobrazhensky and Dr. Bormental is described: the dog's pituitary gland is replaced by a human one. Of particular interest is the scene of luring a yard dog with a piece of sausage, which takes on a fantastic scale due to reminiscences from the poem of block "12": "wind, wind in all God's world".

Updated: 2018-01-17

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Useful material on the topic

• No. 8. Formulate the main idea of ​​the fragment and briefly comment on the critic's statement: "The famous Bashmachkin remained, in general, a mystery to the reader." #9 (question below)

Legislative process in the Russian Federation
The process of creating a law consists of several main stages, or, as they say, stages.

^ First stage called legislative initiative. This is about the right to contribute bill to the State Duma. We emphasize that the draft law is submitted only to the State Duma. Thus, the Constitution delimits the competence of the chambers: the process of adopting a law is assigned to the competence of the lower house (State Duma), and the right to approve or reject the law is granted to the upper one (Federation Council).

The Constitution limits the circle of subjects of legislative initiative (Article 104, Part 1). This includes: the President of the Russian Federation, the Federation Council, members of the Federation Council, deputies of the State Duma, the Government of the Russian Federation, the legislative bodies of the constituent entities of the Russian Federation. The right of legislative initiative also belongs to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues within their jurisdiction (that is, on those issues that fall within their competence). However, no one is deprived of the right apply to parliament with legislative proposals. The difference is that with regard to proposals, the Parliament is free to decide how it will deal with them, while the legislative initiative is obliged to consider. We also note that a number of bills can be introduced only if there is a conclusion of the Government of the Russian Federation (this applies to the so-called financial bills - Art. 104, part 3).

Second stage - discussion of the bill in the State Duma. It is carried out in stages: first, a preliminary (informal), and then a formal discussion. The preliminary discussion is called parliamentary hearings, when, together with the opinion of parliamentarians, the opinions of statesmen and public figures, as well as experts (lawyers, political scientists, economists, sociologists, etc.) are heard. Their comments and suggestions help to achieve a high quality of the future law.

The official discussion in the State Duma, according to the regulations, is held three times, as they say, in three readings. During the first reading, the main, fundamental provisions of the bill are worked out (at the same time, it can be rejected or approved). The second reading can be called the most captious, thorough: a detailed article-by-article review of the draft as a whole is underway, the necessary amendments are made (and at this stage the bill may be rejected or approved). The third reading completes the discussion of the bill in the lower house of parliament. During this reading, deputies cannot make any amendments, they make an unambiguous decision - to approve or not approve a bill (by the way, it happens that a bill can be adopted in three readings at once).

Third stage - adoption of the law in the State Duma. Depending on the type of law, there are differences in the adoption procedure. To pass an ordinary federal law, a simple majority of votes of the total number of deputies (50% plus 1 vote of the total number of 450 deputies) is required. A federal constitutional law is adopted only if it is approved by the so-called qualified majority (at least two-thirds of the votes).

Fourth stage - adoption of a law in the Federation Council (its number is 178 deputies). The law adopted in the State Duma goes to the Federation Council, where it must be considered, adopted or rejected within 14 days. Only federal laws adopted by the State Duma on issues listed in Article 106 (on matters of finance, international treaties, state borders, war and peace) are subject to mandatory consideration here. And then the voting procedure is structured as follows: an ordinary federal law is considered adopted if more than half of the deputies vote for it; no less than three-quarters of the total number of deputies of the upper chamber must vote for the adoption of a federal constitutional law.

Fifth stage - signing and promulgation of the law. The federal law adopted by the Parliament is sent to the President of the Russian Federation. Within 14 days, he must consider and sign it (or return it for reconsideration). The law signed by the President must be promulgated. The purpose of promulgation is to bring the content of the new law to the attention of the population by publishing it in official publications - Rossiyskaya Gazeta and Sobranie Zakonodatelstva RF. Only published law comes into effect.

In a situation where the President does not agree with the content of the law and refuses to sign it, the federal law is returned for reconsideration by the chambers. And if, upon reconsideration, the law is approved in the previously adopted version by a majority of at least two-thirds of the total number of members of the Federation Council and deputies of the State Duma, it is subject to signing by the President and promulgation (Article 107).
^ III. Practical conclusions.

1. 
   So, rights belong to a person from birth. These rights are the highest value. Properly managing it is your main practical task. No one can solve this problem for you. But the responsibility for the results in the first place lies with you.
2. 
   From the foregoing, there are three main practical responsibilities: human rights must be a) respected, b) respected, and c) protected. Respect for rights is manifested, first of all, in their observance. And compliance in some cases is associated with the need to protect them. The fulfillment of these duties will require considerable personal effort throughout life.
3. 
   As a citizen, you will not only have to observe the actions of the authorities, but also face their representatives. The actions of the authorities can be correctly assessed only through the prism of their attitude to human rights, to your rights. Moreover, it is important to firmly remember that you have the right to control the decisions and actions of the authorities, agree or disagree with them and, if necessary, appeal them to the court.
4. 
   You live in a society surrounded by people who have the same rights as you. Therefore, the exercise of your rights must not violate the rights and freedoms of others.
5. 
   You have the right to participate in the legislative process, even if you are not part of the circle of subjects of legislative initiative. As a citizen, you can make a legislative proposal (if there is something to propose).

^IV. Document.
From work contemporary Russian jurist S. S. Alekseev"Law: ABC - Theory - Philosophy".
The theory of natural law has become, in fact, the first in the history of philosophical and political thought, an extremely simple, cross-cutting idea that has passed through the centuries, aimed at simply, in accordance with common sense and the requirements of science, to connect law with the natural principles of people's lives, with the natural environment, with human existence.

That is why natural law views have become not only ... the starting point in really thorough deep philosophical interpretations of law, but also one of the most significant achievements of humanitarian thought in the history of mankind, an accomplishment and a kind of "discovery" of the human spirit.
Questions and tasks for the document

1. 
   State the main idea of ​​the passage.
2. 
   Why, in the history of world thought, did the idea of ​​natural law manage to pass through the ages?
3. 
   Based on the knowledge gained, explain what grounds the author had for asserting that natural law views have become the most significant achievement of humanitarian thought in the history of mankind.

^ V. Questions for self-examination.

1. 
   What is the essence of the normative approach to law?
2. 
   Describe the main features of natural law.
3. 
   How does natural law become a legal reality?
4. 
   Explain why the interaction of natural and positive law is necessary.
5. 
   What is the humanistic meaning of natural law?
6. 
   Why is the legislative process built in stages? What are the main steps in creating a law?

VI. Tasks.

1. 
   Based on the analysis of the definition of positive law as a system of generally binding social norms, protected by the power of state coercion, which provides legal regulation of social relations, perform a number of tasks:

1. 
   what features of the normative approach to law are reflected in this definition?
2. 
   prove that this definition does not give a complete picture of the essence of the modern understanding of law;
3. 
   based on your ideas about the modern approach to understanding law, make up your own definition of law (not necessarily short, you can give a description; the main thing is that it reflects the typical features of modern legal understanding).

1. 
   Compare two statements:

“What are kingdoms (states) without justice, if not big bands of robbers?.. There can be no law where there is no true justice. For what is right is certainly right. And what is done unjustly cannot be done rightly” (Augustine (354-430), Christian theologian).

“From the standpoint of legal science, law under the rule of the Nazis [we are talking about German fascists] is law. We may regret it, but we cannot deny that it was right ... We may feel disgust for him, like ... for a poisonous snake, but we cannot deny that it exists ”(G. Kelsen (1881-1973), Austrian lawyer).

What is your attitude to these statements? Explain your point of view. From what positions do you proceed in your assessment?
VII. Thoughts of the wise.
“Among peoples enjoying civil liberty, every individual is constrained by law, at least to the extent that this constraint is necessary to maintain the right of all.”
Stendhal (1783-1842), French writer
VIII. Final part.

1. 
   Evaluation of student responses.
2. 
   Homework: read §19 "Modern approaches to understanding law" (pp. 214-225); complete task 2 (pp. 224-225).