In the 21st century, the role of jurisprudence is increasingincreases, because the law applies to virtually all branches of public life. This fact is largely positive, because through legal regulation the state exercises control not only for society as a whole, but also for individual citizens. However, it should be noted that for modern practical jurisprudence great importance is played by theoretical developments in the legal field. Thanks to them, lawyers-practitioners have the opportunity to apply law norms in real life situations much more and more effectively. In addition, law theorists constantly improve the very mechanism of applying jurisprudence. The state mechanism benefits in many respects from the high role of law. Due to the high degree of legality, the central government is more operative and much more precise in regulating all processes taking place in the country. A large amount of theoretical knowledge has formed over time a science that is fundamental in the process of training professional lawyers.
Theory of State and Law - concept
The general theory of state and law isfundamental science in many law schools. In fact, this scientific branch was formed due to the accumulation of a large number of theories and trends that are associated with the development of the functioning of the state mechanism, law, the constant interaction of these elements. In addition, thanks to the theory of state and law (hereinafter - TGP), all other branches are being formed. Thus, TGP is "source material", from which "known" functional and scientific branches of legal science are born today. With regard to research in this industry, they are conducted with an orientation toward modern forms of statehood and a legal mechanism, taking into account all the features of the historical era. Thanks to TGP, it is possible to develop perspective ways of development of any legal branch.
TGP - the Soviet roots of science
It is necessary to note the Soviet roots of suchdiscipline, as a theory of state and law. Science was formed during the existence of the USSR and its traditional law schools by combining concepts developed in related scientific fields. For the most part, TGP is a discipline that was created to develop the theoretical knowledge of future practicing lawyers. In countries of Europe and the West, it is not studied. The concepts of this science are represented by other branches. This fact is not surprising, because the subject of the theory of state and law contains various scientific knowledge, namely, the theory of the state (the form of state structure, the causes of the emergence of the state, types of regimes, etc.) and the theory of law (structure and concept of legal norms, sources of law , legal responsibility and interpretation of law, etc.). Interest in the subject of this science grows more and more every year, as it has in many ways expanded the doctrinal study of the role of both law and the state.
The subject of the theory of state and law
As in most other legal sciences,the approach to explaining the subject of TGP contains a lot of controversy, because scientists put forward exceptional theories about this category. Plus, the subject of science TGP has its own specifics, which will be discussed later in the article. As for the standard provisions of the subject of this legal science, it includes a number of aspects, which indicates its versatility. For example, the purpose of studying TGP is rightly called:
1) The relationship between the state and law as separate and independent elements, for the most part formed by society.
2) The mechanism of the emergence, formation and development of law and the state.
3) The forms, features, characteristics and specific aspects of the state and law.
4) The role of these categories in the life of society, the political system.
5) Legal awareness, pravorealizatsiya, regime of legality and constitution.
6) Normative and legislative process.
7) The rule of law.
8) Responsibility.
Taking into account the listed structural elementssubject of the state and law, it is possible to single out the features of the functions, methods and values of this science for today. However, it is necessary first to take into account the specific aspects of the subject of TGP.
Specificity of the subject of the theory of state and law
It should be understood that the subject of the theory of state and law is not just a system concept, but also dynamic, as well as its individual components.
This specific aspect can be traced inconstantly evolving theories and concepts that are used in the scientific field. For example, in the writings of Soviet theoreticians of the state and law, great attention was paid to the study of the dictatorship of the proletariat, the social state and the good. Completely different aspects are being ignored in the works of modern scholars, who began to pay more attention to such concepts as a social, democratic state, the dominant role of law as the main source of law and order and so on. Thus, the historical era largely influences the dogmatic perception of the same categories from different angles, because all scientific works are written by scientists and people. Given the constant changes not only in society, but also in the minds of everyone, it is not at all surprising to see a change in the vision of the same theoretical aspects of the state and law.
TBG Methodology
The subject and method of TGP - these are concepts, inextricably linked.The latter is formed under the influence of the object of study. The TGP methods can be conditionally presented in a single mechanism, the name of which is “methodology”. This term denotes a combination of techniques, methods, and various means that help to study the subject of science of TGP. The methods of TGP are used not only in the process of developing new concepts and improving existing ones, but also in the field of discipline of the theory of state and law. It should be noted that each method is unique and interesting in its own way, but none of them can independently answer absolutely all the questions that arise when a person studies such important and complex categories as state and law. Thus, there is a methodology - a system of methods that complement each other.
Method groups
Учёные на сегодняшний день обособляют наиболее homogeneous methods tgp in groups. This approach helps to take into account the degree of importance and effectiveness of a particular method of study, specific theoretical issues. There are three main groups of methods, namely:
- General scientific (the group includes methods that are found not only in the science of state and law, but also in other branches, not necessarily legal).
- Private science (methods that are often used in related legal and related industries).
- Special (a group of exclusively legal methods that play a paramount role for the development of jurisprudence).
To understand how the presented groups act, you need to consider them separately.
General scientific methods of TBV
General scientific methods are used not only in sciencetheory of state and law. As a rule, they are also used in some disciplines and other scientific fields to obtain certain information. The system of general scientific methods of TGP is the first stage of study, as a result of which it is possible to isolate the most obvious facts. Nevertheless, using the general scientific methodology, it is rather difficult to obtain specific data on various legal and state processes, although this is quite possible. By the general scientific methods are ranked:
- induction;
- deduction;
- analysis and abstraction;
- modeling;
- specification and comparison.
The essence of these methods is that they create "foodfor thought. In other words, with the help of general scientific techniques and methods, a “frame” of future theories and concepts in the field of TGP is created. Many special types of methods may include several general scientific methods, thereby creating a completely new way of studying a question.
System of private science methods
Private science methods are used in caseswhen it is necessary to study a phenomenon that is in the "limits" of several sciences at once. Simply put, private science methods are learning methods borrowed from different disciplines. They help to see a more concrete picture of the actions of the studied category through the influence on it of certain specific factors. Thus, the following methods are distinguished:
- Structural and functional.This method of study in many ways helps to see not just scientific knowledge, but also to understand its role in the legal or state mechanism. In addition, the role of each element is also determined.
- The system method is much like the one thatdescribed above. It also shows the mechanism, only attention is focused not on the individual elements and their role, but on the action of the whole system. Thus, it is possible to see how a complex of factors affects the subject of study.
- With the help of the sociological method you can seethe role and functionality of legal as well as state institutions in society. Also, this method is complex, because it includes a number of interesting ways to learn: observation, survey and modeling.
- The psychological method for the most part studies the legal behavior of individuals and social masses.
- The most significant role is played by the historical method.With it, you can compare existing theories, as well as see the process of their development, so that in the future not to repeat the experience already received once. In other words, the historical method is a way of studying the laws of state and law development.
What role do special techniques play?
Special methods of science TGP are key.With their help today we can talk about the existence of the theory of state and law as a completely independent scientific and legal industry. Special methods of TPP are a combination of techniques and ways in which only legal and state factors are studied. Many scientists believe that a number of special techniques and methods arose as a result of the work of legal practitioners who constantly improve their knowledge, since life does not stand still.
Special methods of the theory of state and law
The special methods include the following:
- Formal legal.For many legal sciences, this method is “classical”. With its help, new scientific concepts arising in modern legal science are developed, classified, interpreted.
- The comparative legal method is the waysee the perspectives and shortcomings of the legal system, the mechanism of legal responsibility, the legal regime, the properties of law by comparing with similar institutions and processes, which are very much in the world today.
The two methods presented are the mosttraditional. There are other special ways, such as specification, interpretation, a single hierarchy of regulations, etc. The fact that the subject and the method of TBG are inextricably linked, very often affects a completely new, innovative in its essence, methodological techniques.
What are TPP features?
In the process of studying the science presented in the articleit seems that the functions of the theory of state and law simply do not exist, because science is in many ways exclusively dogmatic and has no connection with the practical legal policy in the state. Nevertheless, such conclusions do not correspond to reality, because this science still has functions. Science is fundamental, therefore, the developed concepts in many respects influence the existing legal branches.
TGP - functions
At the present stage of development of science, the following functions of the theory of state and law are distinguished, namely:
1) Onotological. The TGP gives answers to such questions about what the law and the state are, and what the essence of these categories is.
2) The epistemological function is to develop new scientific concepts and theories.
3) Heuristic - the discovery of new promising pathways for the development of TGP.
4) Predictive.
5) Ideological, that is, the impact on the consciousness of individuals in order to develop the correct knowledge of the scientific subject.
6) Methodological.
Due to the sufficient functionality of this science, the basic theories of state and law are developed, which significantly help in the process of building a democratic, social society.
Conclusion
So, in this article, the author spoke in detail aboutthat is a science of state and law, and also showed its methodological base and functions. It is necessary to note the great prospects of this science, because with its help it is possible to instill in people legal culture and a deep awareness of their role in the state mechanism.
