In legal science there is such a discipline as the theory of the state, law. The functions of the state are studied by future connoisseurs of the law along with various codes and documents regulating public life.
Fundamental principles of the theory
There are not so many sections in jurisprudence as important as the theory of the state, law. The functions of the state are the key and most complex subject of study for lawyers. They must be theoretically comprehended in order to improve the management of social processes. This is one of the objective needs of modern legal science. Today, this discipline is the foundation for the legal provision of freedoms and human rights.
The theory of state and law is especially important in Russia. The functions of the state in our country continue to be established after the rejection of socialism. Exactly the same processes can be observed in other post-Soviet societies that survived the fall of communism. In this vast space, there is a transition from an administrative-command to a market economy. The rule of law and civil society are gradually being created. Transformations of this kind cannot succeed without qualified specialists. They should know what the theory of the state is, law. The functions of the state are only determined and honed. If professional lawyers are engaged in this, the process is successful and painless.
Main functions
The scientific concept of the function of the theory of state and law comes from its fundamental nature. This discipline performs several important public missions. The first and starting is the ontological function. Its name is a reference to the doctrine of being, in which its laws and structure are studied. The theory, performing this function, is trying to find out how the state and law appeared, what these concepts are today, what are their prospects in the future.
The next destination is epistemological. In this spectrum, the theory of state and law performs the functions of developing legal knowledge. For this, various techniques and theoretical ideas are developed. They are necessary for the precise definition and fixing of various aspects of jurisdiction, for example, the laws by which society lives.
The functions of the theory of state and law, as a science, also consist in the fact that this theory is a connecting link between numerous sections of legal knowledge. So in different industries appears logical integrity. The theory generalizes legal and state practice, formulating key principles that are important for the work of all lawyers.
Ideology and Political Struggle
It is important that the subject and functions of the theory of state and law also lie in the formation of the scientific foundation of foreign and domestic state policy. The struggle for power in society at all times has been fierce and intense. Theory helps the state in these conditions to form and develop a system of people management. The highest point of political struggle is power over the country. Science is an important tool for linking together this government and the state machine itself.
Close to the above principle are other functions of the general theory of law and the state. For example, this is the connection of this science and ideology - a system of concepts and ideas, with the help of which the consciousness and worldview of one person, as well as the whole society, is formed. The state and people cannot coexist if there are at least no fundamental identical attitudes (for example, patriotism). Therefore, it is not surprising that when a society loses its own ideological guidelines, it enters into a period of crisis and turmoil. This course can also be called the notorious national idea.
Using theory
If the main functions of the theory of state and law are to update different political systems, then how does science develop new power mechanisms? They are born through knowledge of the experience of previous generations. Humanity over its long history has created many state systems. Some of them have taken root (like democracy), others (ancient despots) have sunk into the past. All of them are analyzed by scientists and specialists.
Useful principles and trends form the basis of new theories and models of government. They become in demand when power changes in a country. If the new government wants to adopt a different political doctrine, then the functions and methods of the theory of state and law help it.
Social practice
Public practice emphasizes the social significance of any teaching. The structure and functions of the theory of state and law also need regular application in public life. The modern world creates all the conditions for this. Firstly, the theory is tested in legal practice, and secondly, in the routine work of power structures. The constant use of different methods leads to the fact that state life falls on a strictly defined scientific basis. Everything is regulated and stipulated in it. If the actions of the institutions of power are of a similar nature, then the life of the state and society will become harmonious and productive.
People organized in groups at the dawn of humanity. The first states appeared several thousand years ago. They have become the most optimal way of coexistence of large masses of the population. Theory, on the other hand, provides clear and clear recipes on how to organize and develop such a state life. Any system stalled in its development sooner or later disappeared from the world theater. So it can be said about many ancient civilizations that died under the onslaught of barbarians, etc.
Subject of study
Any scientific discipline exists at the expense of its object of study. The theory of state and law is no exception in this series. She studies the laws of the functioning, purpose, emergence and development of power. State and law exist inside a huge system of social relations. The theory isolates them from this array and studies them separately from other phenomena.
People's ideas about power in their own country are also being investigated. The complex interaction of the state and society affects individual and group political consciousness. The theory makes just these connecting threads the object of its study.
Two parts of one whole
Why is there a single theory of state and law, but there are no two separate theories about each of these subjects? The answer is very simple - these phenomena are too interconnected in nature to separate them. Without an idea of law, one cannot study the state system. Feedback is also valid. The scientific, conceptual and practical unity of the state and law makes them indissoluble parts of one whole.
Power mechanisms and institutions must be studied in their legal design. At the same time, only a person who thoroughly knows the state structure in his country can become a specialist in law. The theory emphasizes the need for two of its key phenomena. If there is no state, then society will begin anarchy and chaos. No one can stop crime. Conflicts of interest will lead to war and bloodshed. The absence of a state will deprive people of many household goods.
But in the same way, it is impossible to imagine a society without legal norms. The tragic examples of human history of the 20th century clearly show what the state "screw tightening" and pressure on people lead to.
Dialectical methods of cognition
The theory under consideration developed over several centuries. During this period, within its framework, various methods of knowing power have been developed. At the same time, this scientific discipline uses the general research methods developed in the field of humanitarian knowledge before.
The philosophical foundation of the theory is built around dialectics. This is the doctrine of the most logical principles of the development of consciousness and being. Dialectics has several laws that are actively used in the theory of state and law. These are principles such as the transition of quantitative changes to quality. Also, one should not forget about the law of negation of negation.
Dynamic principle
An important feature of the science of state and law is the fact that it studies its objects as constantly changing “living” systems. Theory does not recognize statics. State and law cannot be given forever unchanged. There are too many interests and conflicts in society for this system to remain the same for endless time.
For generations, people absorb the achievements of different civilizations, new legal norms. Therefore, the state is dynamic, it changes after the people who inhabit it. In the modern world, the legal system and power are becoming more and more democratic. They absorb new socially oriented attitudes. This is an inevitable path of progress that even the most conservative regimes cannot turn their backs on.
Systemic method of cognition
State and law are complex constructions that have evolved over the centuries. Today they are complex systems consisting of a huge number of ordered single elements. When these parts of one whole interact with each other, new principles and phenomena are synthesized. These new concepts will include something unique that has not happened in past generations.
Theory studies these multifaceted processes. If you imagine the state as a system, then its constituent part can be called the authorities. Law also has its own elements - norms and laws.
The place of theory in all science
The whole world can be divided into material and spiritual parts. Their unity breeds the cohesion of all scientific knowledge. What place does the theory of state and law have in this system? Of course, it belongs to the key humanities.
The importance of the state and law is difficult to overestimate. Therefore, it is not surprising that they affect, one way or another, all the humanities. The theory is based on the achievements of these related disciplines (for example, social studies).