The theory of state and law is considered the basic scientific discipline in the field of jurisprudence. TGP includes many quite important and useful elements, which will be discussed in detail in our material.
What is a theory of state and law as a science?
The theory of state and law is a fundamental scientific discipline that studies the essence, the most significant laws and trends of the origin and development of the state and law in their constant interaction. This scientific discipline forms categories and concepts common to all legal sciences. Without its assimilation, it will simply be impossible to understand the more specific, empirical knowledge of law and the state, which are used by the basic legal sciences.
It is important to note that the structure of TGP includes more than one specific era or country. This discipline studies all statehood and all law in general.
The theory of law and the state as a science is predominantly Russian scientific knowledge. In many states, the subject of research is a separate state and a separate law. At home, it is customary to combine these two categories into one knowledge. However, in recent years there has been a growing tendency for doctrinal expansion of the role and subject of the state and law to the level of a philosophy of law. This is explained by the European trend in the study of jurisprudence.
The subject of scientific discipline in the structure of TGP
In the literature it is impossible to find a unified approach to the definition of the theory of law and the state. Some authors indicate that these are general laws of development of the two designated categories, while others - that this is a "natural process of the emergence and development of law and state at different historical stages." There are also a number of other definitions. Here are some highlights:
- the relationship of law and state;
- the process of formation, formation and development of law and the state;
- characteristic features, essence, forms, features and content of the state and law;
- lawful behavior;
- offense and legal liability;
- law, legal awareness, constitutionality and legality;
- place and role of law and state in the political system and public life.
It should also be noted that the subject of TGP science in the structure of scientific knowledge is unshakable.
TGP Methods
Methods of scientific knowledge are called the method by which new knowledge should be obtained. These are the methods and techniques by which the subject of science is known. The method of science is the method of study on which scientific knowledge is based. In the structure of TGP, general scientific, special and private scientific methods are used. The first group of methods includes analysis, abstraction, induction, analogy, comparison and modeling.
Particular scientific methods include a systemic technique, with the help of which it is possible to focus on the interaction of phenomena, their integrity and unity. The structural-functional method determines the role, place and functions of each element that is in the system. There are comparative, statistical, historical and psychological methods. The group of special methods includes comparative legal and formal legal techniques.
Methodology
On the basis of the methods indicated above, a methodology is formed - a set of methods, means and techniques of cognition of phenomena. Here we need to distinguish three similar groups of approaches: universal, that is, linguistic, logical and philosophical. There are also methods that are inherent in special non-legal sciences. These are psychological and sociological approaches.
Finally, a specially legal approach is found in the system of methodology of the structure of TGPs. He defines various legal definitions - such as law, the legal industry, the institution of law, etc. To date, methodological problems are poorly formed, which makes it possible to talk about certain crisis symptoms of modern Russian jurisprudence.
TGP Functions
Considering the concept and structure of TGP, it is impossible not to touch upon the problem of functional in this scientific discipline. The list of functions has a lot of elements. The most important of them should be identified and briefly characterized.
The first function is ontological. The concepts of "law" and "state" are described. The laws and causes of the emergence and activity of these definitions are described. The second function is epistemological. Scientific concepts, doctrines, theories are developed, that is, everything that is based on the structure of the law of TGP.
The heuristic function opens up new patterns in the development of scientific knowledge. Methodological defines methods, and ideological defines the basic values that science lays down. Finally, the prognostic function. It allows us to predict certain changes in reality of a state-legal nature.