Any science, along with methods, system and concept, performs some functions - the main areas of activity, designed to solve the tasks and achieve specific goals. This article will discuss the functions of TGP.
Ontology
The system of the theory of state and law primarily includes not only fundamental terms, but also the most important functions, the ontological one of which takes first place.
The science of ontology is the doctrine of being and being, which is the material basis of the modern world. This function is closely related to a discipline called philosophy. The ontological function is the first and starting point in the study of fundamental legal science. Ontology in the modern sense is called the doctrine of being. The significance of the ontological function is to study the principles and foundations of real life, understanding the world, its structure, as well as all the laws of life, because the state and law have exactly the above sources.
Gnoseology: Theory of Knowledge
Now consider the importance of epistemology as a function of TGP. It consists in the study of numerous concepts related to the nature of the state and law, their impact on society, citizens' attitudes to these “short stories”, and so on. Thanks to its development, the main functions of TGPs do not just exist in theory, but find their application in practice. The existence of this function largely explains the emergence of all kinds of theoretical constructions, techniques that contribute to the development of both individual and group legal knowledge.
Finding the truth
Of great importance is the classification of state functions. TGP as a fundamental legal science, as a rule, shares all the functions in the areas of activity. Thus, another direction has a right to exist - heuristic.
Heuristics is the art of finding truth and finding new discoveries. It is important to note that this direction calls on all other functions of TGP not only to engage in the cognition and explanation of activities, being, the world and structures, but also to make new discoveries. Modern research along with unexplored theories should contribute to the creation of the latest legal mechanisms, including those useful for the Russian state with a market economy.
Methodology as a science and function
The functions of TGP are inextricably linked with science by methodology. This discipline is somehow affected in any kind of scientific activity. Methodology is the science of methods, and methods and methods are called the ways and means of achieving set goals and assigned tasks.
The peculiarity of the methodological function is that in relation to other sciences, the theory of state and law acts as a fundamental and fundamental. Its role is to determine the level of industry sciences directly related to jurisprudence. Moreover, the methodology allows you to give a particular discipline a logical and theoretical integrity.
The stronghold of the development of the main legal science is the function of the state. TGP, thanks to the methodological direction of its activity, generates those ideas and conclusions that are significant for all legal sciences in general. It is important to note that these thoughts are the "fundamental foundation", the "supporting structure" for general and special industry disciplines.
Political direction
Political struggle and heated global discussions will always be present in the international arena. The term “politics” denoted the art of governing the state, and at the same time society. That is why the functions of law (TGP) include the political direction of activity. Since ancient times, it is believed that the one who owns state power decides and is responsible for all matters of public education. The implementation of the above functions is carried out thanks to state. management.
That is why the oldest crown of the development of mankind - the management of the people, must be studied with the help of the political function of the state. TGP with its help forms the scientific postulates and the foundations of managerial activity. It studies both domestic and foreign policy.
Ideological direction
The functions of TGP include an ideological term. Scientific theory provides the following definition of ideology - these are basic, fundamental ideas, which are a single system of concepts, ideas, scientific and practical views. On the basis of the above-mentioned elements, a life position is formed, and, on a par with it, a worldview. Ideology "ripens" both in the individual person and in the group of people as a whole, and subsequently in the whole society.
It is important to note that neither the people nor the state can do without certain ideological principles and motives that orient the individual to further existence and further activity. As historical practice shows, the period of a state or public crisis is inextricably linked with the loss of ideological views, attitudes, guidelines and lack of spirituality. As for the ideological function of the state, TGP brings all ideas and theories about the emergence of law and statehood into a single system, and also creates a theoretical basis for reflection on the processes taking place in real life.
Practical and organizational functions
It contains in the theoretical structure the fundamental legal science of the practical and organizational functions of law. TGP as a science and academic discipline is a theoretical basis for developing recommendations and solutions to pressing problems. Moreover, the theory proposed by scientists in scientific journals, one way or another, is inextricably linked with practical activity. So, over time, theories of the state-legal mechanism of functioning are created, which are necessary in crisis periods of the development of society. However, analyzing the practical and organizational function, it is important to note its low efficiency in many issues of activity.
Forecasts and Forecasting
This area of activity is directly related to the analysis, which is required in all basic and applied legal sciences.
As a rule, thanks to the prognostic function, scientists of the past and modern figures put forward hypotheses about the development of statehood, jurisprudence and the behavior of society in the context of qualitatively new transformations. The truth of the proposed postulates is ultimately verified in practice.
The importance of scientific forecasting of the theory of law lies in the fact that modern society is able to look into the future of its state and, possibly, make additional improvements to its fate. Today, confidence in the “tomorrow” is scientifically proven in the presence of a forecast. Of course, it is impossible to create theories of further development from scratch, any conclusions must necessarily be supported by facts, analysis and research results.
Studying and analyzing the functions of the state and law, it is necessary to take into account the fact that their effectiveness is largely due to the inextricable relationship between themselves. So, epistemological or political functions are important only as part of a holistic system called the state. And in conclusion, it is impossible not to note the fact that the structure and functions of TGPs are a solid system of interconnected elements designed to achieve the goals and objectives.
Theory of State and Law: Actual Problems
Actual problems of the theory of state and law existed in ancient statehood. So, Roman lawyers and Greek thinkers: Democritus, Aristotle, Plato, Cicero and others - thought about the issue of the interaction of law, law and the state. This problem to this day is a central object of controversy and reflection.
The problems of the theory of state and law are represented by the following approaches to understanding:
- Law is all official sources that enforce the rule. The first position speaks of the inextricable relationship between law and state power, which is the source of the "birth" of a particular norm.
- The law may or may not contain legal norms. The second point of view suggests that a law that is adopted by the appropriate entity, in proper form, following all necessary procedures, can also be recognized by law, but it cannot be recognized as a right. Such an act is called “illegal law”.
To date, there is no definite position that calls for adhering to one or another point of view. In defense of the first and second opinions, a sufficient amount of evidence is given that can lure even the most ardent defender. As for Russian legal scholars, V.S. Nersesyants notes that only the law that is a source of positive norms that do not violate the interests and life principles of society is considered to be law.