The history of the state and law is one of the mainDisciplines taught at the first courses of law and historical faculties. For many, this science seems boring, and most importantly not everyone understands why it is necessary for a practicing lawyer.
Subject of discipline
The subject of the IGP are the features of legal and state systems of different epochs, considered in chronological order in specific political and historical conditions.
This discipline studies legal systems in historical retrospect, as well as the state structure of different eras.
Traditionally, science and the subject are divided into the history of the home state and law, and the history of the state and the law of foreign countries.
If we talk about the subject of IHP as a science, most scientists also include philosophical treatises and works of scientists who are contemporaries of the normative acts of the past.
Why this science is needed
Like any story, IGP is needed in order to prevent mistakes of the past in the future. However, the specifics of the subject and its legal orientation add a slightly different meaning to the study of the subject.
In modern jurisprudence, there is no law that is not partially or completely borrowed from the normative acts of the past.
Studying the laws and the state structure of the Ancient World, the Middle Ages and the New Time, will allow the future lawyer to better understand, remember and analyze modern legal norms.
The history of the state and law of Russia will be useful,both future officials and legislators. A clear understanding of the development of the legal families of the past, allows you to choose the best of their moments and avoid weak and orthodox norms.
Most importantly, the study of IGP allowsto predict the further development of the state and law. Knowing the detailed history of individual public institutions, it is possible to predict the development trends of their modern descendants.
What is the history of a foreign state and law?
This training discipline is focused onThe study of legal and state institutions in foreign countries of the past. IGPPS is the original basis of most branches of law in Russia. Without knowledge of Roman law, it is almost impossible to master the Civil Code of the Russian Federation. Without understanding the principle of talion, do not understand the humanistic direction of criminal law, as well as why in the modern world it is impossible to cut off wrists to criminals.
Significance of the history of the state and the law of foreign countriescountries is difficult to overestimate. Analyzing the fount of the legal past, it is possible to create more perfect legislation, which allows not to change it for centuries. An example of this can serve as the US Constitution, which absorbed all the positive principles of the past, fit in several articles and practically does not require changes.
Periodization of the history of the state and the law of foreign states
Modern science divides IGPs for the following periods:
- State and Law of the Ancient World (IV-V century BC.e.), as well as the history of the legal system of the Ancient East: Egypt, Babylon, China, India. This period is one of the most important in the study of this science. Babylon is famous for one of the first codified legal acts, India - the longest-lived system of caste society, Egypt - the perfect state system and one of the most ancient monarchies.
- The history of the state and the law of antiquity,including Greece and Rome. This section is the most important for the future of a civilian. Legendary Roman law, which became the prototype for the modern legislation of all Europe and Russia. Scientists still do not understand how such a perfect codification could be carried out without computers.
- The history of the state and law of the Middle Ages,including the state of the Franks, as well as the birth of the first European and Eastern kingdoms. The appearance of the first monarchies and the feudal system shifted the development of state thought from its place. Studying the state structure of the Middle Ages can teach the future lawyer a qualitative analysis of the constitutional norms of the present.
- History of the state and law of modern times.This section in itself is of great value for modern legal science. What are the only codes of Napoleon, which in some countries have been operating in the unchanged edition for two hundred years. Or the above-mentioned Constitution of the United States, which is recognized as a masterpiece of legal thought by most scientists of the world.
Important and interesting
If a person goes to the legal or historical faculty, then his interest in history is summarized. And, perhaps, the most interesting kind of history is the history of law.
The legal acts of the past are the embodiment ofimmature representation of people about justice, its gradual development and evolution. For the future lawyer, there can be nothing more interesting than observing the development of the state and law as a child who grows up and gradually becomes an adult and a perfect person.
It is a science that, by studying the past, savesfuture. Science, which allows us to illuminate our path in the dark labyrinths of legal practice. The more attention paid to the history of the state and law by the future law enforcer or legislator, the more perfect will be his actions.
