Disposition in psychology
In psychology, disposition is a person’s willingness to act in a certain way or a predisposition to commit a certain kind of action. In certain cases, disposition is a positive phenomenon, in others it is negative. It all depends on what action a person is ready to perform. An example of a disposition in psychology is a predisposition to alcoholism, which is expressed in the fact that under certain conditions a person can drink, and is even likely to do so.
The same goes for potential criminals. Understanding what dispositions a person has helps to significantly reduce the risk of any problems arising in society. In this regard, the concept of disposition is very actively used in social work, since this term characterizes a person as maladjusted. Accordingly, she needs to be resocialized and adapted so that she accepts social norms and becomes a full-fledged member of society.
The nature and degree of certainty of the location of the law are classified
We are absolutely sure: the rights and obligations of the parties - legal entities - are comprehensively set out. For example, Art. 393 of the Civil Code (part one), which establishes that “the debtor is obliged to compensate the creditor for losses caused by non-fulfillment or improper fulfillment of obligations”; relatively accurate. They establish the rights and obligations of the parties, while the WTO provides them with the opportunity to carry out their own initiative within the framework of existing law. Thus, Art. 14 of the Civil Code allows, along with the means of protecting civil rights established by the same law (Article 12), various methods of self-defense of civil rights - provided, however, that “they must be proportionate to the violation and do not go beyond the scope of actions necessary to suppress his ".
By composition:
simple - contain one rule of behavior. Example. Part 1 art. 139 of the Criminal Code states that “illegal entry into a home, committed against the will of the person living in it ...” leads to the imposition of appropriate sanctions; Complex - contain two or more mandatory rules of behavior; alternative - contain several rules of behavior, any of which can be followed by the subject of law. Examples. Part 1 art. 141 of the Criminal Code states: “Obstructing a citizen from exercising his electoral rights or the right to participate in a referendum, as well as obstructing the work of election commissions or referendum commissions...” leads to the application of appropriate sanctions to the violator, Part 1 of Art. 145 of the Criminal Code states: “An unreasonable refusal to hire or an unjustified dismissal of a woman because of her pregnancy, as well as an unjustified refusal to hire or an unjustified dismissal of a woman with children under three years of age ...” leads to the application of appropriate sanctions.
The location of the criminal law is part of the norm, enable or disable the rules of conduct in connection with violation of the criminal law, provided for by public relations development. To simplify the judgment of lawyers, advocates in doctrinal provisions in law enforcement decisions often use the expression “disposition of the article (article) of the Criminal Code (criminal law).”
In accordance with the provisions of the current domestic criminal law, all orders must be divided into simple, descriptive, reference and reference-blanket.
A simple order procedure announces the basic legal provisions or rules of conduct of calls without revealing its capabilities, because, in the opinion of the legislator, its signs are obvious without it. For example, in the General Part of the Criminal Code - Part 1, Art.. 7, which reflects the principles of humanism; in a special part - Part 1 of Art.. 126, which provides for liability for kidnapping.
A descriptive disposition declares the basic legal provisions or rules of call behavior and reveals its most important features. For example, in the General Part of the Criminal Code - Part 1, Art.. 21, defines a person’s insanity; in a special part - Part 1 of Art.. 163, fixing criminal liability for extortion. In the first case, the legislator clarifies that a state of insanity is implied; in the second case, the legislator, in the disposition of the criminal law, discloses extortion as a crime, this indicates the signs.
Disposition in law
This term is used very actively in jurisprudence. The main concept around which everything revolves in this science is the legal norm. By the way, it is also actively used in social work, which makes these sciences related to each other. What is the norm? These are certain rules of behavior that are relevant for certain groups of the population.
In fact, any norm consists of three parts: hypothesis, disposition, sanction. This is especially true for legal norms, where these concepts are clearly defined. What do these terms mean? A disposition in law is directly the norm itself, which was established by certain social institutions. This is the body of rules of behavior: what to do, what not to do, and in what order.
A hypothesis is a condition under which a disposition begins to work. For example, if a person commits murder, he is entitled to so many years of sitting behind bars and enjoying life within the confines of a moldy cell and “pleasant” company. If, in the presence of a certain hypothesis, the disposition is not observed or, on the contrary, is observed, then a sanction is applied - measures aimed at punishing and educating others in the spirit of useful conformism. In general, hypothesis, disposition, sanction are three components of the norm, and many people need to understand their differences.
Examples of Rule of Law Locations
Civil, labor, family papers and land rights are presented in a fairly accessible manner. They usually provide detailed regulation of the rights and obligations of participants in legal relations. Thus, Art. 359 Civil Code. regulating the relations arising from the pledge agreement, says: “The creditor, who is the thing to be transferred to the debtor or the person specified by the debtor, has the right, in the event of failure of the debtor to fulfill his obligation on time, to pay this thing or to compensate for the creditors’ expenses associated with his and other losses , keep it until the corresponding obligation is fulfilled. “In this case, the arrangement clearly defines the rights of the creditor (to hold the thing” until the corresponding obligation is fulfilled) and the obligations of the debtor (to fulfill the underlying “corresponding obligation” of him).
Another example. In paragraph 1, art. 702 “Agreement” of the Civil Code of the Russian Federation, established “under the contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver it to the customer, and the customer undertakes to accept the result of the work and pay for it.” Therefore, this article clearly states the location. Classification and types of dispositions
Layout is the rule of law element that determines the pattern of behavior of subjects by establishing the rights and obligations arising from their presence in the hypothesis of legal facts; The disposition is the main part of the regulatory standards and its core. Layout is part of a norm that contains the rights and obligations of recipients, prescribing how a subject should (can) act if they find themselves in the conditions specified in the hypothesis; it determines the very rule of behavior. Establishing a connection between subjects of subordination or partnership, it imitates their subsequent interaction in the real world.
As a hypothesis, dispositions are simple and complex. Let’s simply assume one variant of behavior (clause 1 of Article 89 of the RF IC: .. The wife is obliged to support each other). Complex - some of them (Article 197 of the Criminal Procedure Code: the investigator has the right to be present during the forensic examination in order to receive clarification regarding the actions carried out by them.). And complex orders can be cumulative and alternative. According to the degree of certainty of dispositions, they are absolutely certain (simple), in relation to certain (complex) and uncertain (“behave properly”). As a description (presentation), dispositions are divided into:
simple - contain behavior, but does not reveal it. Thus, the Criminal Code does not characterize the signs of a crime if it is a very clear act. Example. Illegal placement of a person in a psychiatric hospital is punishable by imprisonment for up to three years (Part 1 of Article 128 of the Criminal Code of the Russian Federation ..); describe - describe all the significant features of legal or illegal behavior. For example, Part 1 of Art. 209 of the Criminal Code of the Russian Federation characterizes banditry as the creation of: a) stable; b) for security; c) a group of persons (gang); d) for the purpose of attacking citizens or organizations; etc.), as well as the leadership of such a group.
Types of dispositions in jurisprudence
Disposition is a rather complex phenomenon. That is why it is customary to classify them into certain types that exist in this science. This is a rather complex system. The easiest way to master it is directly in the process. So, what are the dispositions? Here only the types of dispositions according to the nature of the indication will be given.
- Providing-obliging. In this case, there are two-way rules of behavior. For example, a type of providing-binding norms are the rules for renting housing. They are characterized by both commitment and provision.
- Binding. In this case, only one party agrees to do something. An example of such a disposition is the need for the debtor to repay the debt to the creditor. There may also be other types of payments: ship payments, for example. Mandatory payments are needed when a person himself has signed up for such conditions. Very often this is realized in the case when one of the parties has already fulfilled all the requirements for it, and now the other person takes on the rest of the norm.
- Authorizing. This type of disposition indicates the extent to which it is possible to perform some action in a certain situation. For example, a rule that smoking at a certain distance from a stop is punishable, or that smoking is prohibited in a certain place at all. True, as for a certain place, this is already a hypothesis.
- Recommendation. These are not binding rules, but such dispositions indicate what is rational to do in a certain situation.
- Prohibiting. This disposition, unlike the authorizing disposition, completely prohibits some actions.
There are five types. This disposition is a multidimensional thing even in individual industries. The norms, as we see, can be completely different. As for the structural relationship, hypothesis and disposition are usually syntactically combined concepts. That is, they can be part of one component of a complex sentence. But as for the sanction, it is submitted, as a rule, either as a full-fledged part of the proposal, or as a separate proposal - both simple and complex.
What is disposition in literature and music?
In literature, disposition is a standard composition for the Middle Ages, that is, the structure of an essay. And in music, a disposition is a list of characteristics that an organ has. These are the meanings of this word.
As you can see, indeed, disposition is a very complex term that has so many meanings that it’s impossible to list them all. Therefore, the emphasis was on legal disposition, since it is the main scope of application of this term. However, social norms and even parental prohibitions can also be considered dispositions.
