In the 21st century, the role of jurisprudence is growing more and more, because law applies to almost all branches of public life. This fact is largely positive, because through legal regulation, the state exercises control not only of society as a whole, but also of individual citizens. However, it should be noted that theoretical developments in the legal field are of great importance for modern practical jurisprudence. Thanks to them, legal practitioners have the opportunity to apply the rule of law in real life situations much more widely and effectively. In addition, legal theorists are constantly improving the very mechanism for applying jurisprudence. The state mechanism in many respects benefits from the high role of law. Due to the high degree of legality, the central government more quickly and much more accurately regulates 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 is a fundamental science in many law schools. In fact, this scientific branch was formed as a result of the accumulation of a large number of theories and trends that are associated with the development of the functioning of the state mechanism, law, and the constant interaction of these elements. In addition, thanks to the theory of state and law (hereinafter - TGP), all other sectors are formed. Thus, TGP is the “source material” from which the currently known functional and scientific branches of legal science are “born”. As for research in this industry, they are conducted with an orientation to modern forms of statehood and the legal mechanism, taking into account all the features of the historical era. Thanks to TGP, it is possible to develop promising ways to develop any legal industry.
TGP - Soviet roots of science
It should be noted the Soviet roots of such a discipline as the 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 build theoretical knowledge from future practicing lawyers. In the countries of Europe and the West it is not studied. The concepts of this science are represented by other industries. 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 government, the causes of the state, types of regimes, etc.) and the theory of law (structure and concept of legal norms, sources of law , legal liability and interpretation of law, etc.). Interest in the subject of this science is growing more and more every year, since it has greatly 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. In addition, the subject of TGP science 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 rightfully called:
1) The relationship of 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) Forms, features, characteristics and specific aspects of the state and law.
4) The role of these categories in society, the political system.
5) Legal awareness, legalization, rule of law and constitution.
6) Normative and legislative process.
7) The rule of law.
8) Responsibility.
Given the above structural elements of the subject of state and law, we can distinguish features of the functions, methods and values of this science today. However, you must first consider the specific aspects of the subject of TGP.
The specifics of the subject of the theory of state and law
It should be understood that the subject of the theory of state and law It is not just a systemic concept, but also dynamic, as well as its individual components.
This specific aspect can be traced in the constant evolution of theories and concepts that are used in the scientific industry. For example, in the writings of Soviet theorists of state and law, much attention was paid to the study of the dictatorship of the proletariat, the social state, and the good. Completely different aspects are covered in the works of modern scientists, who began to pay more attention to concepts such 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 affects the dogmatic perception of the same categories from different angles, because all scientific works are written by scientists, people. Given the constant changes not only in society, but also in the minds of everyone, the change in the vision of the same theoretical aspects of state and law is not at all surprising.
TGP Methodology
The subject and method of TGP - these are concepts inextricably linked. The latter is formed under the influence of the object of study. TGP methods can be arbitrarily represented in a single mechanism, whose name is “methodology”. This term denotes a set of techniques, methods, various means that help to study the subject of science of TGP. TGP methods 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 not one 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, a methodology arises - a system of methods that complement each other.
Method Groups
Scientists today isolate the most homogeneous methods of TGP into 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 industries, not necessarily legal).
- Private scientific (methods that are often used in related legal and related branches of law).
- Special (a group of exclusively legal methods that play a paramount role in the development of jurisprudence).
To understand how the presented groups act, you need to consider them separately.
General scientific methods of TGP
General scientific methods are used not only in the science of the theory 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 TGP methods of a general scientific orientation is the first stage of study, due to which the most obvious facts can be distinguished. Nevertheless, using a general scientific methodology, it is rather difficult to obtain specific data on certain legal and state processes, although this is quite possible. The general scientific methods include:
- induction;
- deduction;
- analysis and abstraction;
- modeling;
- specification and comparison.
The essence of these methods is that they create "food for thought." In other words, with the help of general scientific techniques and methods, a “framework” of future theories and concepts in the field of TGP is created. Many special types of methods can include several general scientific ones, thereby creating a completely new way of studying a certain issue.
System of private scientific methods
Particular scientific methods are used in those cases when it is necessary to study a phenomenon that is within the "limits" of several sciences at once. Simply put, private scientific methods are methods of study borrowed from different disciplines. They help to see a more concrete picture of the action of the studied category through the influence of some certain factors on it. Thus, the following methods are distinguished:
- Structurally functional. This method of study helps a lot 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 very similar to the one described above. He also shows the mechanism, only attention is focused not on individual elements and their role, but on the action of the whole system. Thus, one can see how a complex of factors affects the subject of study.
- Using the sociological method, you can see the role and functionality of legal as well as state institutions in society. Also, this method is complex, because it includes a number of interesting methods of study: observation, interrogation, 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 its help, 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 gained once. In other words, the historical method is a way of studying the laws of development of the state and law.
What role do special methods play?
Special methods of science TGP are key. It is with their help that today we can talk about the existence of the theory of the state and law as a completely independent scientific and legal branch. Special TGP methods are a set of techniques and methods by which exclusively 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 are constantly improving their knowledge, as life does not stand still.
Special methods of the theory of state and law
Special methods include the following:
- Formal legal. For many legal sciences, this method is "classic." With its help, new scientific concepts that arise in modern legal science are developed, classified, interpreted.
- The comparative legal method is a way to see the prospects 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 numerous in the world today.
The two methods presented are the most traditional. There are other special ways, for example, concretization, interpretation, a single hierarchy of regulations, etc. The fact that the subject and method of TGP are inextricably linked, very often strikes completely new, essentially innovative methodological techniques.
What are the functions of TGP?
In the process of studying the science presented in the article, it seems that the functions of the theory of the state and law simply do not exist, because science is largely 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 concepts developed in many respects affect the existing legal sectors.
TGP - functions
At the present stage of the development of science, the following functions of the theory of state and law are distinguished, namely:
1) Onotological. TGP provides answers to such questions about what law and states are, and what is the essence of these categories.
2) The epistemological function is to develop new scientific concepts and theories.
3) Heuristic - the discovery of new promising ways to develop TGP.
4) Predictive.
5) Ideological, that is, the impact on the consciousness of individuals in order to develop the correct knowledge about a scientific subject.
6) Methodological.
Thanks 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 about what is the science of the state and law, and also showed its methodological base and functions. It should be noted the great prospects of this science, because it is with its help that you can instill in people a legal culture and a deep awareness of their role in the state mechanism.