The paper analyzes the genesis and evolution of sources of law through synergistic method and reveals the issues of its application in legal science in general.
With the help of a synergistic approach, the nature of the systemic connections between the elements (constituent parts) of complex systemic formations is primarily investigated. The sources and essence of the patterns of functioning and transformation of self-organizing systems must be sought within the system, since they are not assigned to the system from the outside but are the product of its own activity.
We also note that the legal system acts as a subsystem of the social system. Social needs lead to the formation of new structures in the legal system (legal norms, legal institutions, legal relations, etc.). Since the social system also includes other subsystems - economic, political, ideological, which have close connections with the legal system and have a significant influence on it, in order to identify and study synergistic patterns in the legal system, it is necessary to consider it in conjunction with other subsystems of society.
The level of self-organization in different sources of law (in a regulatory legal act, judicial precedent, legal custom, etc.) varies, therefore, the principles of synergetics operate in them to varying degrees.
It has been established that the prevalence of a particular source of law in a particular state is influenced by various social factors - the historical characteristics of a given statehood, economic and cultural development; the pace of change taking place in the life of the country; the degree of spontaneity or, conversely, the rationality of the lawmaking process itself; features of the political regime and forms of government etc.
It is argued that the state chooses for itself the most acceptable form of regulation of social relations, which best reduces the level of entropy in the system, is more cost-effective, that is, causes less disturbances, and, accordingly, is more easily perceived by society.
Based on the study, the author’s definition of the term «source of law» was formulated and the conclusion was drawn that the diverse relationship between the processes of organization and self-organization in regulating emerging relationships implies the use of various sources of law. At the same time, the indispensable presence of such a ratio under any circumstances and constantly changing changes in it related to fluctuations in the level of organization and self-organization in the system acts as evidence of the existence of a stable interrelation between the processes of organization (regulation of public relations by the state) and self-organization (regulation of social relations by the society itself).
Such a close relationship makes it possible to assume the existence of a specific, integrated construct - the state-public continuum, which directly governs all the relationships that arise in it, without exception, and can be the subject of further research.
