Exclusivity and Inclusivity in Law

Abstract

This article examines exclusivity and inclusiveness in law. The polyaspect nature of their meaning allows us to present various aspects of legal regulation through the dialectical nature of its method, individual legal regimes and a system of principles. Based on domestic and foreign sources, the authors reveal the interdependencies that exist between them. The material for the study was domestic and foreign legislation, the works of foreign researchers in the field of private and public law, as well as philosophy and theory of law. The methodological basis of the study was made up of general scientific and specific scientific methods, such as the dialectical method, analysis and synthesis, deduction and induction, comparative legal and historical-legal methods, and a systems approach. The conducted study, the results of which are presented in this article, made it possible to substantiate the need for a comprehensive consideration of exclusivity and inclusiveness, which are in dialectical unity, determining the nature of legal regulation of individual groups of social relations. The corresponding conclusions seem relevant in relation to both Russian and foreign legal systems. Exclusivity allows for the legal individualization of individual objects of subjective rights and the legal status of subjects of law. The rationale for objective exclusivity is the incentive for the subject (subjects) of law to bear the costs associated with specific property in the expectation of subsequent benefits from independent ownership, use and disposal of it, not only fully recouping all the costs incurred, but also allowing them to increase their level of well-being. Subjective exclusivity serves to differentiate collective subjects of law. In turn, inclusivity provides the opportunity to legally justify the joint ownership, disposal and use of individual types of property, the exercise of powers.