The object and subject of the theory of state and law, as in any other science, are its mandatory components. Moreover, the first in the general sense is defined as a concrete component of reality, existing independently of the consciousness and will of the knowing subject. The second is the knowledge revealed and revealed by him in the process of intellectual activity, as well as the fundamental, deep connections, patterns reflected in his mind.
Thus, to determine the subject means to establish what exactly a given science is studying, to determine the circle of relations in society, phenomena, institutions, the study of which it is engaged. Further in the article we will consider what constitutes the object and subject of the theory of state and law. You can already guess from the name that this science is studying. However, the state and law are phenomena that lie in the field of research and other branches of knowledge, for example, political science, philosophy, sociology, etc. What is the difference?
Subject of science
The subject of this science is traditionally referred to the most specific general laws relating to the occurrence of state-legal phenomena, their existence, development and functioning. Based on other areas of knowledge, the theory of law and the state (TGP) formulates categories, concepts, constructions and models of certain (specific) legal phenomena. Moreover, she faces the task of studying not all, but the most general patterns.
The opinion of scientists
Professor Marchenko M. N., when considering the issue of studying the subject of the theory of state and law, names seven blocks of the studied social relations:
- general laws of the formation of the state, law, their occurrence and development;
- the relationship of law and state;
- their inherent features, essence, forms, features and content;
- the role and place in the life of society and the existing political system of law and the state;
- legislative process ;
- legal awareness, law, constitutionality and legality;
- lawful behavior, offenses and liability arising for them.
The object and subject of the theory of state and law is discussed in many scientific works. For example, Professor Babaev V.K. also has its own view. He defines the subject as the general laws governing the functioning of law, the state, their emergence and development, structure, essence, institutions and basic elements. His definition is more detailed, but the position does not contradict that of other scientists.
Subjective and objective elements
The subject of this science is characterized by a very complex interaction of two groups of its elements: objective and subjective. The presence of the former is explained by the fact that the science of TGP is engaged in the knowledge of objectively existing reality (state-legal). However, at the same time, the subject is subjective, as it differs from reality, creating its model as an average, idealized, perfect category of state-legal phenomena. The subjects of the cognitive process are people who have their own worldview, their own scientific and philosophical preferences, an individual level of education and accumulated experience. Therefore, every researcher in the process of studying, however that may be, always introduces elements of subjectivity.
The subject, the object of studying the theory of the state, rights are closely interconnected and correlated as a whole and its part, and therefore should be considered inextricably from each other.
About the object
In the science of the state and law, in addition to the subject, an object is also distinguished. Categories have differences. The criterion that separates the object and subject of the theory of state and law from each other in meaning and content is the inclusion in the process of cognition of the reality of a state-legal nature. Among theorists, there are different views on this issue.
So, V. Syrykh considers the object as the basis, the starting point of scientific knowledge and relates to it all political and legal phenomena, namely: law, state, offenses, legal relations, specific historical conditions of their existence, the psychology of citizens, their real behavior and their own assessment, as well as a look at existing law, the activities of state bodies.
Professor A. Polyakov proceeds from the fact that the object of science is what its cognitive activity is aimed at, and the subject is the totality of the knowledge gained.
The object and subject of the theory of state and law: problems of correlation
The object of science (in the general sense) is recognized as abstract reality, which is included in the cognitive process and exists independently of human consciousness. This is a broader concept compared to the subject, which, in fact, is its concretized part. In many social sciences, the object is precisely law and the state. However, their subject is different. It is a certain side of state-legal reality.
The coincidence of the object and part of the subject can be explained by the fact that all spheres of life in modern society (spiritual, economic, political) have relative independence. In real life, they closely interact and intersect, and therefore are difficult to distinguish. Such features have an object and a subject of science.
The theory of state and law is also an academic discipline. It is important to understand the differences that exist. As a science, it is a system of knowledge about law and the state, their deep, fundamental properties and relationship with other phenomena and sciences. If we are talking about academic discipline, then this is a system of knowledge that is required for further study of the phenomenon of state-legal nature.
TGP levels
In each science, there are 2 levels: empirical and theoretical. The first is related to obtaining certain facts (data, information) as a result of scientific research. However, not all of them gain significance for science. Only those that are interpreted, interpreted in the categories of a particular theory are important.
Thus, an empirical level cannot exist without a theoretical one; they are closely interconnected. The latter is a system of knowledge about the laws, stable and deep connections and properties of the studied objects, which are generalized in scientific categories and concepts.