Relative Subjective Rights as a Characteristic Form of a Vital Refraction of Law: Experience of Justification

Abstract

In this article, the authors set out to investigate the forms of expression of law. Both theoretical-legal and more complex (in particular, philosophical) scientific literature was used to achieve the goals set. The authors analyze the categories of law, legal relations and subjective right in different refractions and types, finding in them the areas of intersection, expression and complement each other. Thus, the authors emphasize the necessity of understanding the legal relation as an ideal construction. At the same time, it is noted that subjective rights are the key structural unit within the legal relations, since it is the interest underlying the subjective right (and the norm of law that puts it forward) that in reality is the catalyst for the emergence of legal relations. This is also confirmed in the justification in the vein of the concept of natural law, which, although not provable in everything, has a good scientific basis and its implementation should be one of the goals of any democratic society. Finally, the authors emphasize the superiority of relative subjective rights due to their most natural and sociable nature.