The sources of private law

The article deals with the analysis of legal, historical and philosophical literature on the sources of private law and the critical analysis of the works of certain authors ( Mikhailovsky I.V., Alexeev V.P., Pershits A.I., Ershova E.A., Kashanina T.V., Smirnova O.V. and others). The author attempts to examine the basic instruments for the research in order to show some of the different conditions for the formation of private law sources both in their material and formal sense. The author comes to the conclusion that consistent and historic approach enables the separation of two types of social norms: illegal (taboo, customs, traditions, ethical norms, norms of public organizations etc.) and legal norms (the result of law making by the state, and the bodies empowered by it). There is and has always been a close connection, a so called inverse relationship between the above groups of norms. The less the number of rules regulating the public relations, the wider the formation and application of local norms. In early historical periods of social development there were both qualitative and quantitative changes of all types of social norms and the singularity of their application, but in total they constituted a single entity i.e. the system of rules that is necessary for the regulation of relations among people, for disintegration and ensuring their interests. This content of the system is explained in the article by the theory of a special "pulsation" of social norms as the manifestation of their inverse relationship in time. This enables us to follow the paradigm of the given system, its formation and development.

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