SHADOW NORMS AS A THREAT TO NATIONAL AND INTERNATIONAL SECURITY: SOCIAL AND LEGAL ASPECTS OF COUNTERACTION

Tetiana Mikhailina

Abstract


The paper proves, that during the natural development of social system, there are numerous of actual norms, but only some of them will become law. Others of them can: 1) to die out with the corresponding relations; 2) to disappear due to the emergence of new regulators of different nature; 3) to exist alongside the law, without intersecting with it or supplementing its norms; 4) to exist alongside the law and contradict it covertly or explicitly. And just the latter type of actual regulators is understood as shadow norms.
Shadow norms find their expression in: shadow economy, shadow politics, shadow justice. While "shadow law" is not an independent sphere, but mediates the above-mentioned.

Shadow norms have different degrees of danger, although in general all of them are negative phenomena in the legal system. Also they require different means of counteraction, both at the national and international levels (social and legal). The most severe reaction should be applied to such shadow norms as criminal subculture, shadow justice etc. But this is the most difficult task in the sphere of shadow politics, especially at the international level, in relation to strong players.


Keywords


shadow norms; shadow economy; shadow politics; shadow justice; threats to state security; national legal system; international relations; counteraction

Full Text:

PDF

Refbacks

  • There are currently no refbacks.