The Peculiarities and Role of the Legal Should-Be in Formation of the Normative Behavior

摘要

The paper presents an attempt to establish a normative power of the law and a normative power of the factual through referring to the concepts of the Legal Should-Be and Interest. Specific signs characteristic of, in general, to Should-Be and Legal Should-Be are discussed, the peculiarities of the notion of the Legal Should-Be and history of its origin are revealed, the opportunity of founding a normative force of the law is analyzed through introducing the notion of interest, which on its side is based on the category of Should-Be and consequently, Legal Should-Be. In Law, an effective Should-Be is represented as an ideal construction of the legal reality, demonstrating its role in interpreting normative, valued, targeted and ideological parameters of the of Law as a certain injunction.