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Categories "balance" and "bias" in theoretical knowledge: ­ specificity of application in separate sciences and interdisciplinary significance for jurisprudence

Experience of formation of categories "balance" and "bias" in humanitarian and other sciences

Within the limits of the present chapter it is necessary to define methodological bases of realisation of research of a phenomenon of the legislative bias that will allow to pass to consideration of actually theoretical questions of typification and forms of the legislative bias, system levels of its display, cyclic character of course of process of the bias in the legislation and its subsystems, findings of criteria for definition of threshold, admissible limits of the bias in an is standard-legal matter and many other

balance and bias Questions in the nature and company are to some extent studied by all sciences, both natural, and humanitarian. However not always at the description of noted processes concepts «balance - the bias» directly are used.

For example, in natural sciences researchers rather actively operate with a category "balance", allocating in system of a condition of dynamic and static balance. Dynamic balance is treated as achievement of a condition of equation of two reversible or opposite processes. As an example of dynamic balance in the mechanic the situation with the person going on the escalator aside, opposite to its movement with the speed equal to speed of the escalator can act. Thus movements of the person and the escalator raznonapravleny, but owing to equality of their speeds are balanced, that
causes as result an invariance of spatial position of the person. In this case the concept "balance" is defined by means of use of the term "equation".

In sociology and a number of other humanities researchers concentrate the efforts on working out of theoretical model of the system bias as most dangerous form razbalansirovannosti social systems [7] . Last have immanent property independently, owing to the self-organising beginnings to eliminate those or other internal defects and to support thereby a condition of dynamic balance (for example, in market economy processes of self-organising and alignment of intersystem balance are most brightly shown). It is possible to speak About the system bias only in special cases when the social system after a number of the undertaken independent attempts cannot return to a condition of dynamic balance (to a condition of relative stability in functioning and development).

However with reference to research of system of the legislation it is necessary to consider that circumstance, that it has no sufficient autonomy within the limits of a system of law and its self-organising in complete sense of this word and is impossible without corresponding activity.pravotvorcheskih bodies. So the system bias in the legislation is formed and eliminated at direct sharing of special subjects. As a whole the model of the system bias can be quite used in a right general theory with reference to research of an is standard-legal matter.

In studying of public systems separate researchers subdivide a bias condition on stable and dynamical. As the stable bias the nonequilibrium condition having
is considered

constant character. For example, in industrial system

constant overtime work, too small time for rest cause as the consequence growing irritability of employees of the enterprise, and at organisation level - constantly arising conflicts between workers. The dynamic bias the nonequilibrium condition which is characterised by continuous changes in its course admits.

For example, insufficient qualification of staff and the wrong organisation of work lead to decrease in quality of manufactured production, growth of industrial costs and create threat to all production, up to its stop.

It is thought, that in studying of system of the legislation for reflexion of two designated types of infringements it is more expedient to operate with categories "bias" and "defect". The legislation bias should be considered as dynamic, constantly varying process of infringement of communications and relations in its system. Defect of the legislation or its part it is necessary to designate concrete defect in its form (contents), having constant in time and localised in structure of a standard legal material character.

the Category "balance" finds out itself and in conceptual numbers of a science of geopolitics. So, the balance of forces is understood as a special kind of interaction various on an orientation and potential capacity of streams of expansion from the separate states or their groups, and also results of similar interaction. In geopolitics the balance of forces, as a rule, means not balance, and a certain parity of forces of some the states which has the dynamical, mobile character, depending on a number of factors [8] .

In linguistic researches are considered

questions on the terminological bias in oneiromancy, are defined its consequences and an overcoming way [9] .

the Theoretical model "bias" is used as well in medical sciences at studying of questions on various kinds of diseases in a human body [10] .

the Problem of the ecological bias is put on philosophical and obshchesotsiologicheskom levels [11] [12] . For example, the question on the ecological bias as a dislocation of balance of the relation of the person with the nature is justified as an independent field of scientific surveys. On the basis of the simulated design of the ecological bias researchers the complex of measures on prevention of its negative consequences for company is offered.

In book keeping the bias is imbalance of costs and incomes, liabilities and assets, the credit and the debit. In engineering science the bias (or debalans) is treated as a vector quantity defining

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an unbalance of rotating details of cars concerning their axis.

the term "bias" in scientific estimations of relations of interrelation and interaction of various spheres public
lives is actively used. Razbalansirovannost a labour market and an education sphere, economy and a policy, internal and foreign policy of the state, international and sotsiokulturnyh relations it is considered by representatives of various social sciences as one of most pressing questions on enough constant basis [13] . Search of perspective directions in removal and bias overcoming in system of public relations in humanitarian knowledge is conducted practically continuously.

rather in details in theory economy the category «the economic bias» [14] is studied. The given concept allows to generate within the limits of economic sciences methodological bases of the analysis and an estimation of mechanisms disbalansov in economic system which are capable to create threats for economic safety of the country, and also to develop a complex of practical offers on overcoming economic disbalansov and to removal of their negative consequences. E.S.Borodushko the economic bias defines as «the diverse forms which have reached critical scales and kinds of disproportions in structure, development tendencies, interests, relations, mechanisms of interaction, qualitative characteristics of economic system at its different hierarchical levels» [15] . Thus the author declares three levels (aspect) of the appendix of concept "bias" in an economy science: as a general scientific category; As general concept of the economic bias without dependence from sphere and the form of its display; as model of definition of private kinds economic disbalansov - at level of branches of economy.

Causes objection definition of the economic

the bias through concept "disproportion". Data of model of the bias in social systems exclusively to a disproportion essentially reduce teoretiko-methodological potential of such design. The bias in difficult system can have various forms of the display that is not entered in narrow frameworks of relations of a disproportion between its elements. Besides, concepts "proportion" and "disproportion" focus the researcher on definition of quantitative parametres of deviations in system, and qualitative characteristics owing to the similar approach fade into the background, that is hardly defensible. It is thought, that the bias binding exclusively to concept "disproportion" of studying of social systems does not allow to reflect in the integrated kind all possible types and forms of its display in theory.

classification of the bias offered in an economic science by a number of the bases Is of interest:

to a territorial sign - on world, national, regional and local;

depending on a branch accessory - on economic activities kinds;

on character of economic relations - in industrial sphere, in the course of consumption etc.;

depending on possibility to have administrative effect on process of course of the bias - on operated, uncontrollable, partially giving in to updating;

on duration of a condition of the economic

razbalansirovannosti in system;

depending on the mechanism and sources of formation of the bias [16] .

the category "interindustry balance" in economic sciences has Wide popularity and essential scientifically-practical significance.

the Interindustry balance represents economic-mathematical balance model which shows in theory interbranch industrial interrelations in state economy.

Bases of theoretical model of an interindustry balance in economy have been presented for the first time in V.V. Leonteva's who have justified availability of economic law in the form of a relative constancy of factors works, expressing to communication between economy branches, and also their forecasting which has proved possibility [17] .

As a whole the economic model of an interindustry balance allows to solve following problems: the analysis and forecasting of development of the basic branches of a national economy at regional, intrabranch and interbranch levels; forecasting of rates and character of development of economy; definition of the characteristic of the basic macroeconomic indicators causing an establishment a condition of balance natsionalnojekonomiki; account resursoemkosti a national economy and its individual industries; a finding of optimum ways of increase of efficiency and the international and regional division of labour in economy. In 1936 V.V. Leontev has successfully applied the interindustry balance concept in research of 42 branches of economy of the USA then it has been recognised by highly effective for working out is state-economic policy also forecasting of economic changes in company. Now the considered model of economic balance is widely put into practice in variety of the states. Subsequently the given model has been apprehended and used in a number of works on domestic economy, has received various variants of interpretation and creative development [18] .

Owing to the limited application mathematical

the device in state-legal researches, its uses mainly for work with quantity indicators the interindustry balance model in economy cannot be transferred in such kind on process of knowledge of the legal phenomena. For us the fact and the general approach in formation and development of categories «balance - the bias» in the humanities is important. Positive experience of studying of a condition of equation or razbalansirovannosti difficult social system whenever possible is necessary for considering and in surveys in the field of jurisprudence.

the Accumulated knowledge in an economic theory on research of a phenomenon of the bias can be useful and to jurisprudence for razbalansirovannost in economy is one of leading external factors of formation and bias growth in the legislation and a system of law as a whole. The dialectics of interaction of economy also is right distinctly is traced and in the given question.

According to E.S.Borodushko, economic disbalansy have system properties that is caused by availability of the general sources, their generating - limitation of resources, a conflict of interests, informative asymmetry, etc. Further the author indicates necessity of the complex approach for working out and realisation of measures on overcoming of conditions system economic razbalansirovannosti [19] . Really, difficult forms of display of the bias in social systems require the complex, system approach both to their studying, and to practical activities on their overcoming.

However sistemnost or nesistemnost character

disbalansov in social sphere it is defined by not so much generality of sources of their occurrence, how many their substantial parametres. System disbalansami only conditions and processes razbalansirovannosti, in our opinion, are, covering a significant part of social system in which frameworks they have arisen and are realised, the major system communications simultaneously infringing it and its potentially menacing integrity.

In theory macroeconomics a special role in knowledge of economic events are played by a category "balance". On the basis of the given concept has received development the whole direction in economy, various theoretical concepts of the general balance have been created. General provisions on stability and efficiency of economy are based on scientific abstraction of macroeconomic balance as the macrosystem functioning on decentralised activity of economic subjects. The given concept is actively used for reflexion of dynamics of market economy by means of interpretation of any changes of macroeconomic indicators as certain movement to a condition of balance or as a certain deviation from it under the influence of a number of system factors [20] .

Thus representatives of an economic science at all do not absolutise significance of a design of macroeconomic balance and even, on the contrary, notice impossibility of its achievement in practice that allows to evaluate the indicated concept as abstraction-idea. In particular, nonequilibrium character of economy in practice is underlined as follows: «never it was possible to Economists to observe the economy which is in a condition of static balance or
of stable balanced growth. Macroeconomic processes observed in a reality, in itself, do not give any basis to interpret them as movement to balance or a deviation from it» [21] .

the Dialectics of functioning and development of macroeconomic systems has required of a science and working out of the nonequilibrium theory of market economy alternative to the equilibrium approach. Within the limits of last, on the contrary, as the central category of the description of economic laws act instability, neravnovesnost [22] . Separate representatives of the nonequilibrium concept of economy state rather critical remarks concerning the classical equilibrium approach: «... The Classical economic paradigm, fetishizirujushchaja balance as an imperative of economic development, requires such large quantity of restrictive clauses, assumptions, conditions which do its basic positions conceptual, but not workers» [23] .

the last years economists even more often query the classical thesis about a recognition of equilibrium character of economy, its aspiration to balance. Advantages of construction of nonequilibrium model of economy in the generalised kind can be shown to the central idea of such kind: « Balance thus is understood as such situation in which, at an invariance of environmental conditions and parametres, at one of participants of economic process are not present stimulus to change the economic behaviour. In other words, it is a question of a method at which equality of a supply and demand, the prices and costs is considered as initial model. On the basis of this large abstraction the theory of a surplus value, profit, percent then is under construction, rents etc. Contrary to it the nonequilibrium method recognises that noncritical use of abstraction of balance between a supply and demand in essence
bars the way to the analysis of variety of economic categories which can exist only in conditions neravnovesija » [24] .

we Will dare some boldness to draw an analogy with the classical approach in understanding of system of the legislation in domestic jurisprudence which also bases on firmness of a postulate on necessity of consideration of all set of standard legal certificates as the balanced, stably developing system. In our opinion, as well as in an economic science, in theory the rights it is necessary to address to problems of ideal organisation and stability of the legislation, its instability, razbalansirovannosti, neravnovesnosti. For this purpose there are rather strong reasons and present rich positive experience in judgement of questions neravnovesnosti and instability in development of difficult social and other systems of variety of branches of scientific knowledge.

Coming back to a question on model neravnovesnosti in economical basis, we will result even more "rigid" estimation of efficiency of the equilibrium theory of economy which is given by world famous financial tycoon Dzh. Soros: «.kontseptsija the general balance does not concern a reality (differently, the classical economy is empty exercise under the contents)». To the outstanding financier belong and following words of criticism: «.kontseptsija balance in that kind in what it is used by an economic theory, is absolutely unrealistic». One more example of its pejorative estimation: «the balance Concept seems at the best irrelevantnoj, and in the worst - misleading» [25] .

However still bolshy interest for jurisprudence, in our opinion, represents an explanation of J. Soros of the mechanism and the reasons neravnovesnosti in the financial markets: «Market fundamentalists
have fundamentally incorrect idea about how market mechanisms work. They believe, that the financial markets tend to balance. The balance theory in an economic science is based on wrong analogy to physics. Physical objects move how they move, regardless of the fact that someone thinks. And the financial markets try to predict the future which depends on the decisions accepted by people. Instead of passive reflexion of the validity the financial markets actively form a reality which they, in turn, and reflect. There is a two-way communication between the present decisions and the future events, this communication I name reflexivity» [26] .

In the given statement the red thread underlines thought on nonlinearity in development of social system, namely financial. The similar situation is observed and with a company system of law in which frameworks its future in many respects depends on consciousness of people and, first of all, the legislator. Thanks to active pravotvorcheskoj to activity and its result in the form of legislation system the legal reality is formed. Thus, the system of standard legal certificates not only passively "reflects", fixes rules of behaviour intended for regulation of public relations objectively caused by a life, but also transforms social communications. The similar dual subject-objective nature of the legislation is one of the important factors determining in addition it neravnovesnost, razbalansirovannost.

It is interesting to deeper judgement of a role neravnovesnosti in social systems and the following note of the financier that the conscious moments in activity of subjects result «.ne in balance, and to never coming to an end process of changes»,

subjective preferences of participants public

relations «.delajut a balance condition unattainable» [27] . Continuing to draw an analogy with research of system of the legislation and a state-legal superstructure as a whole, we will underline, that ineradicable of a system of law the dialectic contradiction between consciousness as a subjective component and objectively as a result of developing legal practice is essential determinantoj availability in the legislation of a condition of the bias on a constant basis. In itself reflective activity of the person already somewhat destabilises public systems created and functioning at its sharing which number also the legislation, undoubtedly, concerns. Thereby the is conscious-strong-willed, subjective moment along with other factors does not promote stability of development of an is standard-legal matter, especially, if still to consider at that circumstance, that in the course of formation and legislation perfection constantly face rather raznonapravlennye interests of participants pravotvorcheskoj activity in their wide understanding.

Within the limits of investigated subjects it is possible to ask a question: and why, actually, in jurisprudence a priority it is necessary to grant pair «balance - the bias», instead of to other opposite concepts in the form of sheaves «symmetry - asymmetry», «a proportion - a disproportion», «stability - variability», «ravnovesnost - neravnovesnost»?

In the physicist (and not only in it) symmetry and asymmetry categories as original analogue of pair concepts «balance - the bias» [28] are used. In biology also deep study was received by questions of symmetry and asymmetry in an organism of live beings, in wildlife development in

whole [29] . Running forward, previously we will specify, that

kategorialnye steams «balance - the bias», «symmetry - asymmetry» bear nevertheless various is functional-semantic load.

Conceptual communications «symmetry - asymmetry», as well as «a proportion - a disproportion», are not defined by us as unsuitable to application in researches of the state-legal phenomena. However, for example, symmetry or asimmetrichnost objects is established in the majority of sciences by means of definition of their spatial characteristics. Symmetry of system is defined, as a rule, by means of a finding of an axis of symmetry, fixing in theory arrangements of elements of system concerning the given axis in space, that already in itself partly reduces applicability of the similar methodological approach in legal surveys. Concepts "symmetry" and "asymmetry" can be used mainly only in the description of a structural structure of system of the legislation that does considered kategorialnuju pair more uzkonapravlennym knowledge means in comparison with pair concepts «balance and the bias of the legislation». The proportion and disproportion as teoretiko-methodological konstrukty are rather close on semantic significance to pair concepts "symmetry" and "asymmetry", they are pull together by besides certain accent on a spatial and quantitative component of development and functioning of difficult system object.

For jurisprudence spatial characteristics of the right, the legislation, a system of law represent important interest, but nevertheless their definition is not paramount for knowledge of essence of the given phenomena. It is thought, that for theoretical modelling of questions of stability and variability, symmetry and asymmetry, a proportion and
disproportions, norms and pathologies, equalities and inequalities in the greatest heuristic potential conceptual pair «balance - the bias» which in the integrated kind is capable to reflect all above-named processes has concerning legislation system. Certainly, the offered item on some question is not indisputable, but, in our opinion, is more comprehensible and is expedient. Terms "balance" and "bias" "are habitual" for scientists-jurists, more precisely being expressed, are represented clear in the course of knowledge of the state-legal phenomena, that too it is important in business of their further development. Besides, the circulation in jurisprudence to a category of the bias of the legislation is in a channel of general scientific tendencies on change of a vector of attention of scientists, thanking including sinergeticheskoj to a paradigm, from conditions of stability and ravnovesnosti to conditions neravnovesnosti, instability razbalansirovannosti systems.

Balance and the bias, stability and variability in development of the Russian legislation: the starting beginnings of a system analysis

At the very beginning of work we had been announced the purpose of introduction of model of "bias" in conceptual system of a general theory of the right in the form of synthesis of legal knowledge of various types, forms and kinds of conditions and processes razbalansirovannosti an is standard-legal matter. Realising complexity and scale of a similar purpose, we believe justified more detailed circulation to methodology of a general theory of systems, sinergeticheskoj paradigms and to separate special system researches of conditions of instability in company that will allow to formulate and in the subsequent to apply a number of starting methodological postulates in complex research of the general laws of formation and bias realisation in system of the Russian legislation.

we Will try to define the basic aspects philosophical and

general scientific understanding of essence of processes of balance, stability and a sustainable development of social systems, immanent presence at them of the phenomena structural, functional, subject and other under the form of the display of the bias. It is necessary to define a role of various types of the bias in infringement of stability and balance of system. Initial categories in the given aspect, in our opinion, are "balance", "balance", "proportionality", and also closely related with them general scientific concepts "stability" and "stability". Definition of their intrinsic characteristics grants us possibility more deeply to open sense and methodological significance opposite kategorialnyh models - disproportionalities, the bias, neravnovesnosti.

It is reversible to the analysis of concept "balance" in obshchesistemnom its significance. In itself balance acts as the extremely difficult and inconsistent phenomenon in the social systems, uniting simultaneously unity of tendencies necessary and casual, positive and negative, stable and unstable. Being general scientific conceptual kontseptom, balance as the theoretical model acts as result of synthesis of the accumulated scientific knowledge in natural and humanitarian researches.

Generalizing experience of various approaches to treatment of balance of system, we will allocate following basic aspects in its studying:

1) represents result of interaction of two and it is more opposite the phenomena directed and excluding one another, processes;

2) acts as an exponent of reaction of system (its susceptibility, sensitivity) on vernal revolting effects;

3) characterises special level of a constancy (invariance) of the basic macroscopical parametres of system.

As a result we come to conclusion, that each of the given aspects reflects laws of balance in system from three parties: its internal contents, action on it of external forces and as certain result in the form of a stability condition. Thereupon it is necessary to agree with the point of view about necessity of the integrated consideration of all three moments for the most complete description of essence of balance in difficult system [30] .

If to address to a problem of research of process of balance in legislation system, that, following vysheoboznachennoj kategorialnoj to a matrix, we can draw the following conclusion (will be stipulated, that a phenomenon of an equilibrium condition of system of standard legal certificates we will designate concept «legislative balance»): the balance (as well as its antipode - the bias) in legislative system appears in unity and interrelation of three moments:

1) is a result of interaction of some opposite tendencies - specialisations and unifications of the legislation, stability (stability) and variability of its elements and structurally functional communications;

2) acts as an exponent of reaction to the external factors influencing system of the legislation which are subdivided on two subgroups: obshchesotsialnye determinants - differentiation of economic relations and disbalansy in economy, differentiation of political relations and the political bias, natsionalnokulturnoe ­ company stratification, conflicts on religious soil, the geopolitical bias of forces in region etc.; legal factors - differentiation and integration of structures and elements in right system, specialisation of legal activity, extreme forms of sense of justice in
a kind of legal nihilism and legal idealism, jurisprudence and constant complication of knowledge containing in it, specialisation of customs, court cases, agreements, doctrines as sources of the right, etc.;

3) reflects special level of a constancy of system of the legislation during the certain period of time (or inconstancy in normativnopravovoj ­ matters in case of the bias).

According to the first aspect balance (balance) is result of equation of interaction of opposite internal tendencies counterbalancing one another, processes and the system phenomena. For social systems the combination of the objective adaptation of contrasts in the course of their self-organising and a target (subjective) component in the form of processes of conscious management by relations is characteristic. However the account only dialectics of internal interactions in system does not allow to understand in full neither establishment sources in it balance, nor level of its constancy. In other words, if in legislation system to be guided only by character of a parity of carried out works on its specialisation and unification, comparison of tendencies of stability and variability of its positions, essence of processes of its equation or razbalansirovannosti and remains till the end of not learnt. It is not necessary to identify balance and a condition of equality of opposite factors and forces in system. Otherwise disregarding the external factors determining balance of system of the legislation, in practice equation of regulatory legal acts can be reached only for short time.

For example, in economy as experts mark, achievement of equation trading, payment, budgetary and other macroeconomic and microeconomic conditions of steadiness is necessary, but nevertheless an insufficient condition of a sustainable development of economic systems that requires understanding deepening
essence of balance, forms of its display, the qualitative basis and communication with a sustainable development [31] . Hence, all three aspects should be opened in unity during theoretical modelling of balance (or the bias) in social system.

the Major characteristic of original balance of system is its tolerance to diverse external effects. In a condition of relative equation for social system low degree of a susceptibility to action on it of external factors is characteristic. In a bias case, hardly a nonequilibrium condition of system even insignificant external effect on it can lead to the further destabilization of system. Besides, it is necessary to consider and that law, that with increase of complexity of system the spectrum of deviations from balance increases, its balance is more difficult for supporting for a long time. In a so-called point bifurkatsii (a critical condition of system, peak of growth of its bias) the system rises before a choice one of alternative ways of own development. As a result in system one of the new tendencies, leading to a balance establishment in it more a choice quality, or to transition to qualitative to more difficult form of the bias starts to prevail.

Absolute degree ravnovesnosti, equation of social system could present as a condition of the rest, complete stability, an immovability, to achievement of an ideal parity of parametres by it and structures. However in such difficult systems absolute balance is unattainable, they are in a situation of constant adaptation to all to becoming complicated environmental conditions. The social system can come nearer or keep away from an ideal condition of balance, balance from time to time only. In similar systems for achievement of an equilibrium condition not enough only one stability of structure, structure and
functions. Fulfilment of all equilibrium conditions [32] , including external and internal is obligatory.

For research of questions of the bias of the legislation important the decision of a question on a parity of concepts "balance" and "stability" (stability) in system is represented. The question on communication of categories of stability and balance definitively is not decided in a general theory of systems. Discussion is conducted about what of the given concepts is more the general. Frequently the condition of balance of system is removed from its stability and on the contrary. A number of authors at an exposition of the system approach understand stability of system as its ability to come back in a balance condition after it has lost it owing to action of external and internal factors [33] . Other researchers, in turn, treat stability as a condition of developing system,

3 its basic elements characterised by a finding in balance [34] . Similar definition of stability is fixed also in the official document of the International commission on environment according to which it represents a special condition of orderliness of the scientific, technical, economic and ecological resources supplying stay of system in a condition

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balance [35] .

However balance definition is exclusive through stability of system, in our opinion, requires clarification. It is not necessary to forget that balance of system is reached by interaction of contrasts. In
a case of system of the legislation its balance is result of equation of two pairs - specialisations and legislation unifications, and also tendencies on maintenance of stability of its internal contents and structure and simultaneously adaptability (variability) in relation to an environment. We will allow to assume, that balance of system of the legislation it and is first of all balance between indicated steams of the opposite processes, allowing to supply its functioning and development. neravnovesnost systems of standard legal certificates development of an is standard-legal matter, on the contrary, consists in a bias condition between tendencies of the legislation to stability and aspiration to stability, its specialisation and unification, in certain degree braking.

it is final, in the given positions the essence of balance and the bias of difficult systems is expressed only in general. In a reality the situation is a little bit more difficult. System development is unity of the bias and balance, balance and neravnovesnosti in it. In separate subsystems the balance and stability, in other parts of system continue to dominate variability and the bias, on the contrary, reign, but in case of their mutual indemnification they supply progress, development of the given difficult system. Without "struggle" of contrasts movement of a social matter is not obviously possible. In this connection balance and balance are represented relative, as well as to their contrast - neravnovesnost, the bias. Fixing only one of tendencies (conditions, processes) as dominating contrast is possible only for the concrete moment of time during mental "stop" of movement of system. The given circumstance induces us to treat balance and the legislation bias as dynamical processes, instead of the fallen asleep moments, the phenomena in its development.

In the literature mentioning questions of system research, there is one more variant of a parity of categories "balance" and
"stability". Balance according to such approach is inwardness of system in which frameworks it can be long enough without critical influence on it of external factors. Stability appears as property of system to resist to aggressive effect of an environment [36] . Besides we see, that for the description of development of difficult system it is necessary to operate with both categories - both stability, and balance. As a matter of fact it is a question of unity of internal and external sources of functioning and system development. If to follow the given approach balance of system of the legislation is supplied mainly with balance between its specialisation and unification. Stability of system of standard legal certificates appears as its property in time to adapt for changes in economy in the form of its differentiation, and also to similar processes in the politician, culture and other social spheres.

At all it supporters of a considered variant of a parity of stability and balance in system do not manage to abstract from their dialectic interrelation with opposite processes - variability and neravnovesnosti. In particular, they do a following explanation: «the system supports the Condition of stability, passing through periodic conditions neranovesnosti and imbalance, including constructive, leading to conditions of balance of better quality, thereby forming their certain sequence and acquiring character of dynamic balance» [37] .

With allowance for the designated methodological installations system (it still sometimes not quite precisely name structural) the bias is the dynamical condition of system expressed in its infringement of basic
of internal proportions, raising its vulnerability in relation to external destabilising factors, that in aggregate at achievement of critical significances neravnovesija in system essentially reduces potential of its forward development.

the Above-stated gives the basis to allocate following characteristic general lines of the bias of difficult systems:

availability of disproportion, inconsistency, disproportion of leading dialectically opposite elements, subsystems, tendencies and developments in system;

an establishment in hypersensibility system to external destabilising effect;

formation of threat of infringement of integrity of system;

decrease in rates of a sustainable development.

Thus, the analysis of positive experience of application kategorialnoj ­ steams «balance - the bias» in researches of humanitarian and other sciences allows to draw to us a conclusion on an admissibility of its introduction in the conceptual ­ device of a general theory of the right with the purposes of the most complete and exact ­ reflexion of conditions of equation and the bias of system of the Russian ­ legislation. By working out of concepts «the balance of system of the legislation» and «the legislative bias» is believed productive the circulation to above established methodological postulates of the system approach.

1.2.

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A source: Belousov Sergey Aleksandrovich. the LEGISLATIVE BIAS (the doctrine, the theory, practice). The dissertation on competition of a scientific degree of the doctor of jurisprudence. Saratov - 2015. 2015

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