The legal system can be viewed as a way of organizing social, economic, moral and other types of behavior, therefore, legal systems must correspond to society. However, they have a certain degree of autonomy. This concerns the language (creating its own concepts and giving ordinary words specific meanings), its own ways of reasoning and thinking, its own style, which manifests itself in contracts, statutes, court decisions, etc. It creates its own binary code, dichotomies, right / wrong, legal/illegal, valid/invalid, etc. But in reality there are no "pure" legal phenomena. When making court decisions, i.e. in the implementation of law in action, a significant role is played by society's ideas about justice, political and economic motives. It is also necessary to take into account the "human factor" - and not only in the implementation of the law, but also in the formation of norms.
It is important to understand who, how and why sets this binary code and how it changes, including through acts carried out by the courts. This issue is important for understanding the essence and mechanisms of the functioning of democracy as a political organization of society. There is a concept that the source of law is society as a system of fair cooperation of citizens, the terms of which must be agreed upon on a reasonable basis. The sovereignty of the people, as the basis of democracy, is based on the fact that people, individuals, are initially endowed with a sense of justice and are guided by what is good. But how can they exercise their sovereign rights? And here we are dealing with the relationship between democracy and political institutions, which, according to this concept, are supposed to be given political, managerial and legal powers. In other words, the political class, the enlightened elite, the functionaries of political parties, to use the Soviet terminology, "the advanced vanguard of the people."
The participation of citizens, the people consists in voting in referendums, elections, participation in various mass events, which, of course, is a very important, necessary condition for democracy, but not sufficient. In society, it is necessary to create many mechanisms and processes through which citizens can freely thematize their problems, concretize their aspirations and seek solutions - both normative and factual, and institutional. The question of the social and legal validity of norms and practices is resolved in the necessary intersubjective dynamics of developing arguments that can be rationally perceived by everyone. Legitimacy comes from legitimacy, and legitimacy is meaningless without legitimacy. The democratic principle should establish the methods and procedures for the legitimate institutionalization of law, and only those legal laws that have been developed in the process of public discourse can claim legitimacy.
Legitimacy is realized through participation in democratic processes that make it possible in democratic societies to practically choose and legitimize the norms, rights and institutions that operate in them. Methods for the optimal solution of social problems can be developed through an institutionalized discourse on public and private law issues between government and civil society.
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