Politics and law as the hypostasis of power: the criterion of regulatory separation

Author(s):  G.A. Borisov, Dr., Prof., Belgorod National Research University, Belgorod, Russia, borisov@bsu.edu.ru

V.A. Noskov, Dr., Prof., Belgorod National Research University , Belgorod , Russia, noskov@bsu.edu.ru

V.S. Mochalov, Belgorod National Research University, Belgorod , Russia, vadim.mochalov2013@yandex.ru

Issue:  Volume 44, № 3

Rubric:  Actual Problems of Legal Regulation

Annotation:  The article is devoted to the analysis of the dialectics of the relationship between the regulatory potentials of politics and law, acting as a coherent power and forming a contradictory unity, when, on the one hand, the political power is interested in the legal legitimation of its status, and the legal power – in the force, based on the power of the state, and, on the other – there is a denial of each other as the embodiment of the paradigms of efficiency (policy) and legitimation (law). The paradigm of efficiency is determined by the factor of "result", and the paradigm of legitimation – by the factor of "process". The symbiosis of these paradigms gives rise to an antinomic contradiction, which is an attributive characteristic of political and legal regulation of social processes. Being coherent power, politics and law relate to the inherent power – social regulation and the transcendental power of cultural regulation.

Keywords:  power, politics, law, regulation, efficiency, legitimacy, immanent, transcendent, coherent.

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