On Correlation between Politics and Law

Abstract

Unilateral stance on the correlation between politics and law poses difficulties in analyzing the issue. The political system gives rise to the legal system which needs the organization of society, formation of appropriate institutions, regulation of certain kind of activity and processes, ensuring of legitimacy of political system. Acting as instrument here is the legal politics. Conceptually, the idea stems from political considerations; hence, the politics predetermines the law and as a whole, the process proceeds in the form politics (conceptual) → law-politics (strategic) → law. Political purposes and tasks of conceptual nature account for the creation of legal system to thus regulate political processes of strategic nature; identify character of law and strategic politics. In identifying political goals through potentialities of political-legal system, the politics seeks to employ existing legal opportunities at the highest possible level. Acting as subjects determining these borders and range of authorities are, as a rule, social strata and groups that regulate and control directions of political processes. An identical process typical for social sphere is observed at the international level. Active as leading subject, dominant political forces, within the framework of their purposes, rely on the international law as instrument to introduce adequate norms and standards. Also, it is great powers that venture to deviate from existing standards.