Category of function of law and theory of social security law

Abstract

The function of law, or the legal function, is currently a category that is significant for the general theory of law, and for individual legal sciences. The category “function of law” refers in its importance to such important categories as legal relationship, legal norm, legal personality. They appear to have obvious specifics, but their study goes beyond a separate type of legal science, requires mandatory comparative research at the level of the general theory of law. At the same time, this, in turn, does not mean exactly following the provisions of general theoretical science, since the law of social security has its own scientific doctrine. Theoretical research in the field of social security should enrich not only branch science, but also general legal scientific disciplines. In addition, it is important that the study of any one key category cannot be carried out in isolation from others. It is impossible to study a legal relationship without taking into account the norms of law, it is impossible to study legal facts without conducting research on legal relations and legal norms. Therefore, the study of issues of legal personality should be studied together with the provisions on the norms of law, legal relations and other basic categories of law. In this sense, the study of the functions of law will also be impossible without referring to the main categories that determine the uniqueness of the branch of law. 

At this stage, one of the problems associated with the functions of law is the problem of the relationship between the concept of “function” and “essence”. Whether a function is a property that expresses the essence of a legal phenomenon, whether a legal phenomenon can have other properties than the essential one, whether a function should take into account these properties or should be limited to one, these questions are in demand both in the theory of law and in branch sciences. Despite the sufficient elaboration of theoretical questions about legal functions, the problems of the multifunctionality of legal phenomena and the correlation of the functions of law and the functions of the state are still relevant.

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