The essence of any phenomenon is usually understood as the main property of the object.

The law is a system of obligatory, formally defined rules of conduct governing the most important social relations that are established and protected by the state.


Signs of law

a) consistency (the law is a set of rules, ordered in a system; not existing chaotically);

b) established and protected by the state (the state is the only subject of legal relations authorized to create, change and cancel legal norms);

c) obligatory (established legal norms are binding for everyone);

d) formal certainty of norms (norms of law are formulated specifically and apply to all participants of legal relations, unless otherwise provided by law);

e) impact only on the most important public relations (legal regulation affects only regulation of the most significant issues and leaves free will to other subjects to act on their own).


Functions of law

Functions are the main directions of influence on public relations.

a) Informational (knowledge of the «correctness» of behavior);

b) Educational (consolidation of a specific system of values);

c) Communicational (communication method members of society to each other).


Concept of the rule of law

The rule of law is a a general rule of conduct designed to regulate the type of social relations established or sanctioned by the state and protected from violations by means of state coercion measures.

A norm is established rule of proper behavior turned to the future. Unlike teams and orders on specific issues, the norm is addressed to an indefinite circle of persons, the effect of the norm is not limited to execution, but is intended for an unlimited number of cases.

The relationship of the legal norm can be clearly traced according to the scheme If => Then => Otherwise.


Structure of the rule of law

a) Hypothesis (If) - determining the circle of persons to whom the norm and the circle of circumstances under which it is implemented is addressed;

b) Disposition (Then) - the rule of conduct, the definition of rights and duties.

c) Sanction (Otherwise) - the ability to force the rule to be enforced, to stop its violations, as well as to undergo negative consequences in case of its violation.


State as a legal institute

A state is a political legal institute of equal, universal and sovereign power. It owns a monopoly to create legal norms and to force for its execution.

The state has a single social purpose - the preservation of the state and society, ensuring its integrity, creating the necessary conditions for its development.

The functions of the state are an objectively necessary, powerful purposeful managerial influence of the state in certain areas of activity aimed at regulating specific legal relations, preserving society and the state.

Criteria of state functions:

a. Permanent and temporary

b. Primary and secondary

c. Internal and external


Functions of the state:

- economic (management of the economic sphere of society),

- ideological (the role of the state in the spiritual sphere of society),

- social (the role of the state in the organization of health, education, science and culture),

- political (regulation of relations between the government and other members of society),

- protective (protection of the rights and freedoms of citizens, state and social system);

- cooperation with other states and international organizations.


Social norms, customs

A certain role as a source of medical law is performed by both social norms and customs. This is due to the fact that in medicine the so-called «unwritten» rules that doctors are guided are widespread, and which, undoubtedly, should be taken into account when resolving emerging disputes (for example, the norms of ethics). Gradually, with the development of medical law, customs will lose their meaning.

Example: married women often seek medical care from female gynecologists. There is no such legal norm, but it exists as a social norm.

Deontology: the doctor who operated on the patient's brain found a deadly disease and, at its discretion, reports this information - what if it survives? Does not want to upset. But the doctor can tell everything as it is.