Legal Structures and the Logic of Volitional Relations in Public and Private Law

Abstract

Introduction: The article analyzes volitional relations as the content of formal legal constructs. Theobjective of the study is to identify and demonstrate the fundamental principles of the interdependenceof the constructive legal form and the volitional content in public and private law.Methods and materials: The methodological basis of the study is a formal-content approach andan understanding of the dialectical interdependence of form and content. To achieve this, the articlealso identifies the logical foundations of the species gradation of relations: equivalence, subordination,intersection, and the relationship between part and whole. Research results and discussion: The author substantiates that, in accordance with the logical foundations of equivalence, subordination, and intersection, the legal framework can be represented by the concepts of volitional unity and equality, as well as by the concepts of imperative and dispositiverelations. Moreover, all of these logical foundations of legal constructs are presented in the logic ofcomparing parts and wholes, i. e., in the relationship between private and public will. The topic of volitional relations is discussed in terms of the fundamental concepts of subjectivity, will, volitional activity, and volitional interaction. Conclusions: A legal construct is a way of solving legally significant tasks, presented and formulated as the result of discrete professional understanding of the logic of volitional relations. The general concept of volitional relations, focused on legal activity, provides a theoretical basis for understanding the semantic content of fundamental categories of public and private law.