Theory of state and law as a unified science. The concept and functions of TGP as a science and academic discipline

TGP is a fundamental legal science that is part of jurisprudence and has as its subject of study the essence, content (structure) and forms of the state legal system of society as a whole, the basic patterns of its functioning and development. - Kodan S.V.

TGP is a science that studies state and legal phenomena in public life.

Signs of TGP - features of TGP that allow it to act as a holistic and consistent scientific discipline.

1. It is fundamental in nature; other legal sciences are based on its knowledge. It represents a branch of knowledge, without mastering which it is impossible to effectively solve practical problems and adequately understand the phenomena of the world around us in the socio-economic, political and spiritual spheres of people’s lives.

2. TGP has a cultural and creative mission, which is most intensely manifested in satisfying the spiritual needs of people, in ensuring the rights and freedoms of man and citizen, and, especially, in the formation of professional legal consciousness and culture of lawyers.

3. tgp has practical significance, because studying and summarizing historical experience legal practice, it formulates the concepts and definitions of state- legal phenomena, draws scientific conclusions from their analysis and makes recommendations, generates new ideas, conceptual approaches, allowing us to understand the essence, content and forms of state and law.

4. TGP is a predictive science. Any branch of knowledge contains elements of foresight, but this one occupies special place among legal sciences, interacting with other natural and social sciences, summarizing data from branch sciences, and using its methodological tools, it discovers new phenomena in state legal spheres, formulates trends, patterns of their functioning and development.

5. tgp - humanitarian or social science.

6. tgp - political and legal science.

7. tgp - unified science about state and law

8. tgp - methodological science.

Structurally, the theory of state and law as a single science consists of two parts: the theory of state (state science) and the theory of law (jurisprudence). Its unity is determined by the fact that real life state and law are functionally interconnected, mutually determine and complement each other and form a unified state legal system of society, and any legal activity associated with state power.

The subject of science is the range of interests that science studies.

Tgp subject:

Features of the emergence of state and law and their institutions.

Study of the essence, forms, functions, mechanism of action of the state and law.

The purpose of TGP as a science is manifested in its functions, which are interconnected and complement each other.

TGP functions are directions theoretical activity, reflecting the general and specific significance of this science.

1. Cognitive (epistemological) - in relation to TGP, this function means the study of the actually existing state and law and their institutions.

2. Ontological (about being) - the study of the essence of state and law;

3. Heuristic - consists in the discovery of new patterns of state and law;

4. Methodological - TGP develops the basic methods of cognition of state and legal reality;

5. Scientific integration - ensure the connection of legal sciences with other social sciences, transmits the data of the latter into them and vice versa;

6. Organizational and managerial - comes down to the development of specific means and methods for transforming legal and state institutions, the formation and structure of state bodies, lawmaking and application of legal norms, as well as strengthening the rule of law;

7. Ideological - tgp is aimed at legal education, formation of legal culture.

8. Prognostic - comes down to foreseeing what qualitative or quantitative changes the corresponding state-legal phenomena will undergo, forecasting their development and effectiveness.

As an academic discipline, the theory of state and law creates a worldview basis for the training of a specialist in the field of jurisprudence (lawyer) and provides the prerequisites for his preparation for practical activity. Creates a basis for studying industry and special legal disciplines.

1 SUBJECT THEORY OF STATE AND LAW

Any science is a system of knowledge about phenomena and processes, which is characterized by an object and subject specific to it. The diversity of sciences leads to a diversity of objects and subjects of human knowledge.

Types of sciences:

1) natural(studying nature in all its forms and manifestations);

2) technical(studying the patterns of development and functioning of technology);

3) Humanities(studying human society), which are divided into separate branches of human knowledge.

They all differ from each other in the specifics of the subject and the method of studying them.

The theory of state and law belongs to the humanities.

Features of the theory of state and law:

1) the presence of general specific patterns, since the theory of state and law studies the state and law as a whole and explores not just any, but the most general patterns of the emergence, existence, further development and functioning of the state and law as unified and integral systems in the phenomena of social life;

2) development and study such basic issues of legal and social sciences as the essence, type, form, functions, structure and mechanism of action of the state and law, the legal system, the development and relationship of modern state and legal systems, the main problems in modern understanding states and rights, general characteristics political and legal doctrines, etc.;

3) expression of knowledge of the laws of development and functioning of the state and law in the formulation of concepts (scientific abstractions reflecting a system of interrelated features that make it possible to distinguish a phenomenon from other related phenomena of social life) and definitions(brief explanations of the essence of concepts by listing their most characteristic properties) state and legal phenomena, as well as in the development of ideas, conclusions and scientific recommendations that will contribute to the development of the state and law;

4) study of state and legal phenomena in organic unity and systemic influence on other phenomena and processes;

5) reflection in the subject of both the state and structure of the state and law, and their dynamics, i.e. functioning and improvement. Taking into account the above features

we can say that subject of theory of state and law– these are state and legal phenomena regarding:

1) the emergence, development and functioning of the state and law;

2) development of legal consciousness and legal culture;

3) compliance with the principles of democracy, law and order;

4) use, application, compliance and execution of legal norms, as well as basic state legal concepts common to all legal sciences as a whole.

2 METHODOLOGY OF THE THEORY OF STATE AND LAW

Method of the theory of state and law– a system of principles, methods, techniques of scientific activity, through which the process of obtaining objective knowledge about the essence and significance of state and legal phenomena is carried out.

Types of methods of the theory of state and law:

1) universal methods expressing the most universal principles thinking (dialectics, metaphysics);

2) general scientific methods, used in various areas scientific knowledge and independent of industry specifics Sciences:

A) general philosophical– methods used throughout the entire process of cognition (metaphysics, dialectics);

b) historical– a method by which state-legal phenomena are explained by historical traditions, culture, and social development;

V) functional– a method for clarifying the development of state-legal phenomena, their interaction, functions;

G) logical– method based on the use of:

– analysis– dividing an object into parts;

– synthesis– joining previously separated parts into a single whole;

– induction– obtaining knowledge according to the principle “from particular to general”;

– deduction– obtaining knowledge according to the principle “from general to specific”;

– systematic– research of state-legal phenomena as systems;

3) private scientific (special) methods,

aimed at studying the characteristics of the subject of knowledge:

A) formal legal. Allows you to understand the structure of the state and law, their development and functioning on the basis of political and legal concepts;

b) specifically sociological. Evaluates public administration and legal regulation by analyzing information obtained through questionnaires, surveys, generalization of legal practice, document research, etc.;

V) comparative. Helps identify the characteristics of state and legal phenomena based on comparison with similar phenomena, but only in other industries, regions or countries;

G) social and legal experiment. Allows you to experimentally test the use of scientific hypotheses and proposals in practice and includes methods:

– statistical. Based on quantitative methods of studying and obtaining data that objectively reflect the state, dynamics and development trends of state and legal phenomena;

– modeling. State-legal phenomena are studied on their models, that is, through the mental, ideal reproduction of the objects under study;

– synergetics. Is necessary to establish patterns of self-organization and self-regulation social systems etc.

3 THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES AND ITS RELATIONSHIP WITH OTHER HUMANITIES

State and law- the object of study of many legal and human sciences, including the theory of state and law. The theory of state and law occupies leading place in the system of legal sciences, since its main focus is the study of state and law.

The theory of state and law studies the laws of the emergence, development and functioning of the state and law, the social relations associated with them, form the basic legal concepts, which are the theoretical basis for other legal and human sciences.

Among legal sciences the theory of state and law has a special methodological significance, since, unlike historical and legal sciences, it does not study the state and law in historical development and chronological sequence, but defines the general patterns of state-legal functioning, analyzes and summarizes specific historical data, facts, events and processes. Unlike sectoral legal sciences and regardless of time and space, the theory of state and law generalizes sectoral legal knowledge, determines their relationship, establishes legal phenomena and the processes that subsequently guide all branches of legal science.

Theory of Government and Rights– a generalizing science, since for branch legal sciences (civil, criminal, labor, administrative law, etc.) it has a guiding and coordinating significance.

The theory of state and law is also closely interconnected with such humanities, How:

1) story, which studies the state and law in chronological order, taking into account specific state-legal phenomena and historical processes. The relationship between the theory of state and law and history is manifested in the use of specific phenomena, processes and data from history as a science as a whole;

2) philosophy, which is the methodological basis of the theory of state and law, since the emergence, development and essence of law are known on the basis of the laws of social development. Philosophy determines the place and role of state-legal phenomena in the general historical process;

3) economic theory, which explores economic laws development of social life and the influence of state and legal phenomena on the economy;

4) political science, studying the influence of the state and law on the political environment, politics and political systems, closely related to the theory of state and law, which explores the place and role of the state and law in political system society.

4 FUNCTIONS OF THE THEORY OF STATE AND LAW

Functions of the theory of state and law- main directions research activities, which reveal and show the role of the theory of state and law as a science in public life and legal practice.

Functions of the theory of state and law:

1) ontological– a function that studies state and legal phenomena, explores them and analyzes them;

2) epistemological– a function with the help of which the state and law, as well as other state and legal phenomena are cognized, obtaining necessary knowledge(at the same time they are explained from a scientific point of view);

3) prognostic– a function with the help of which the theory of state and law predicts the development of state and law in the future, identifying the patterns of their development and the problems arising in connection with this;

4) methodological– a function in the implementation of which the theory of state and law acts as methodological basis for all legal sciences, since, generalizing state legal practice, it explores methodological issues throughout legal science, develops fundamental state legal concepts, provisions and conclusions that are used by other legal sciences as basic ones in the study of their subjects;

5) applied– function consisting in development practical recommendations For various fields state legal reality;

6) political(political-managerial or organizational-managerial) - a function aimed at developing means and methods for transforming legal and state institutions for applying the rules of law, strengthening the rule of law, forming state bodies, ensuring scientific character government controlled, as well as the formation of the scientific foundations of domestic and foreign policy;

7) heuristic– a function through which the theory of state and law, with the help of logical techniques and rules of research, reveals patterns in the development of state and law;

8) ideological– a function that is characterized by the collection of ideas, views, ideas about the state and law to develop scientific basis explanations of state and legal phenomena;

9) practical organizational– a function that is expressed in the fact that the theory of state and law develops recommendations aimed at improving state legal construction, legislation and legal practice;

10) educational– a function through which the theory of state and law helps in solving the problems of legal education;

11) epistemological– a function consisting in explanation, scientific interpretation of state and legal phenomena;

12) educational– a function that provides general theoretical training.

5 SOCIAL POWER AND NORMS OF PRIMITIVE COMMUNITY

For protection from the external environment and joint acquisition of food primitive people created associations that were unstable and could not provide the necessary conditions for survival. Economics in primitive communal associations was characterized by an appropriative form, since the obtained food products were distributed equally and provided for the minimum needs of its members.

Primary association of people's organization- a clan in which the relationships of its members were consanguineous in nature. With the development of life, clans united into tribes and tribal unions.

At the head of the clan were leaders and elders whose behavior set an example for others. IN Everyday life the leaders and elders of the clan were recognized as equals among equals. General meeting total adult population admitted supreme authority, which also had judicial function. Relations between tribes were regulated council of elders.

Over time, associations of people began to need social regulation, since they faced the need to coordinate activities that would be aimed at a specific goal and ensure their survival. In the early stages of the primitive communal system human behavior was regulated at the level of instincts and physical sensations establishing numerous prohibitions

in the form of spells, vows, oaths and taboos, since primitive society did not know the norms of morality, religion and law.

The main forms of norms that regulated the behavior of people in the primitive communal system:

1) myth (epic, legend, tradition)– an artistic-figurative or subject-fantastic form of conveying information about prohibited behavior or required behavior. Information transmitted through myth acquired the character of holiness and justice;

2) custom– transfer of information of a normative and behavioral nature from generation to generation. In the form of customs, the behavior of people in socially significant situations was fixed, while expressing the interests of all members of society. In their content, customs could be moral, religious, legal, and also include simultaneously moral, religious and legal content. Customs regulated all areas of activity in primitive society. Their strength lay not in coercion, but in the habit of people to be guided and follow custom. Subsequently, customs began to be used in society together with moral standards and religious dogmas;

3) ritual– a set of actions that were performed sequentially and were of a symbolic nature;

4) religious rite– a set of actions and religious signs aimed at symbolic communication with supernatural forces.

6 REASONS AND FORMS OF THE EMERGENCE OF THE STATE

Reasons for the emergence of the state:

1) transition from an appropriating economy to a producing economy;

2) division of labor: the separation of cattle breeding, the separation of crafts from agriculture, the emergence of a special class of people - merchants;

3) the emergence of a surplus product, which entailed the property stratification of society;

4) appearance private property on tools and products of labor, which led to the social and class stratification of society.

Forms of emergence of the state:

1) Athenian- a form that was characteristic of the classical way of the emergence of the state. This form manifested itself in the following successive reforms:

A) Theseus' reform consisted of dividing the population into classes according to gender labor activity on persons engaged in agriculture (geomors), persons engaged in any type of craft (demiurges), as well as noble persons (eupatrides);

b) Solon's reform aimed at dividing society according to property characteristic into four classes: the first three classes could occupy managerial positions in the state apparatus. Citizens only from the first class were appointed to responsible positions, and the fourth class had only the right to speak and vote at the national assembly;

V) Cleisthenes' reform which consisted in dividing not the population, but the territory of the state into 100 community districts (“demarchs”), each of which was built on the principle of self-government and headed by an elder (demarch);

2) Roman- the form of the emergence of the state, when the formation of the state among the Roman people was accelerated by the struggle between the plebeians (disenfranchised newcomers) and the patricians (indigenous Roman aristocracy);

3) Old Germanic– the form of the emergence of the state, when the formation of statehood among the ancient Germanic people was facilitated by the conquest of vast territories by wild Germanic tribes (barbarians);

4) Asian– the form of the emergence of the state, in which the formation of the state was facilitated by climatic conditions, affecting the implementation of irrigation and construction works.

Differences between the state and public authority clan system:

1) in primitive society, the unification of people was carried out on the basis of consanguinity, and in the state - on a territorial basis;

2) ensuring the organization of public power with tribal system carried out in the form of self-government, and in the state - in the form of a special organization of public and political power, presented by special state apparatus, for the maintenance of which taxes and loans are collected from the population;

3) rights were used to govern society and the state.

7 ORIGIN OF RIGHT

Emergence of law was caused by necessity social regulation relations between members of society.

Regarding the time and order of emergence of rights, there are different points of view:

1) the emergence of law occurred for some identical reasons and simultaneously with the emergence of the state;

2) law and the state are different phenomena of social life, therefore the reasons for their emergence cannot be the same, and law in the form of norms of behavior arises earlier than the state.

The emergence of law like the emergence of the state, it occurred in the process of long-term development of society.

The basic norm of behavior during the period of the primitive communal system- a custom that reinforced behavior patterns passed down from generation to generation certain situations and reflected the interests of all members of society equally.

Signs of customs:

1) their creation by society;

2) expression in them of the will and interests of society, and not individuals, whose personal interests were not taken into account;

3) transferring them from generation to generation with consolidation in the minds of people;

4) consolidation of their most rational behavior options;

5) voluntary execution them by force of habit, since customs were supported not only by the opinion of members of society, the authority of the leader and elders, but also by the threat of punishment from above;

6) custom – a form of expression of moral, religious and other requirements;

7) absence special body, protecting the fulfillment of customs, since they were protected by the entire society and were observed voluntarily;

8) lack of distinction between rights and obligations.

Customs regulated all spheres of activity in primitive society, but over time they began to act together with them. norms of public morality, religious dogma, which were closely related to customs and reflected ideas about justice, good and evil, honest and dishonest. In the process of application by community and tribal courts customs appeared in practice precedent And legal contract.

In the conditions of stratification of society and the emergence of private property, society was faced with the question of the need for a new social regulator public relations which could ensure order in society. To resolve this issue, they were created legal customs (law), which were provided by the state.

Signs of entitlement:

1) creation and provision by the state, which expressed the will of both society and the individual;

2) expression in special texts, written forms, which are created and implemented during the implementation of special procedures;

3) granting rights and imposing duties, which regulates relations between members of society;

4) protection and maintenance through government measures.

8 MAIN THEORIES OF THE ORIGIN OF THE STATE

Theories of the origin of the state:

1) theological theory– the theory of the Divine origin of the state, according to which the state was created and exists by the will of God, and law is the Divine will. According to this theory, church power had a predominant position over secular power, and the monarch, upon accession to the throne, was sanctified by the church and was considered the representative of God on earth. Representatives – F. Aquinas, F. Lebuff, D. Euwe;

2) patriarchal theory – the theory of the origin of the state as a result of the historical development of the family, when an expanded family becomes a state. According to this theory, the monarch is the father (patriarch) of his subjects, who must listen to him strictly and treat him with respect. In return, the monarch was expected to care for and govern his subjects. Representatives – Aristotle, Confucius, R. Philmer, N.K. Mikhailovsky;

3) contract theory, according to which the state is a product of the human mind, and not a manifestation of the Divine will. Representatives of this theory believed that the state arose as a result of a conclusion between people social contract in order to ensure their common benefit and interests. In case of violation or failure to fulfill the terms of the social contract, people had the right to terminate it, even with the help of a revolution. Representatives – B. Spinoza, T. Hobbes, J. Locke, J. J. Rousseau, A. N. Radishchev;

4) psychological theory, whose supporters associate the emergence of the state with special properties human psyche: the need for power of some over others and the desire of some to obey others. Representatives – L. I. Petrazhitsky, D. Fraser, Z. Freud, N. M. Korkunov;

5) theory of violence, according to which the state arose as a result of violence, through the conquest of weak and defenseless tribes by stronger, more resilient and organized tribes. Representatives – E. Dühring, L. Gumplowicz, K. Kautsky;

6) materialist theory, according to which the formation of a state is the result of changes in society due to socio-economic reasons. Representatives – K. Marx, F. Engels, V. I. Lenin, G. V. Plekhanov;

7) patrimonial. The state arose from the right of ownership of land and the associated right of ownership of those persons who live on this land. Representative - A. Galler;

8) organic. The state arose and developed as biological organism. Representatives – G. Spencer, A. E. Worms, P. I. Preuss;

9) irrigation. The state arose in connection with the large-scale organization of construction of irrigation structures. Representative - K. A. Wittfogel.

The theory of state and law is one of the fundamental legal disciplines, the subject of which is the general patterns of various legal systems, as well as the emergence, formation and development of forms government system. No less important element This science is the study of the features and methods of functioning of state and legal institutions. This definition determines the structure of the theory of state and law as a science.

Structure

The design of this science is based on the existence of two large blocks. Each of them is divided into smaller elements, and the main ones are: the theory of state and the theory of law.

These blocks are complementary; they reveal common patterns and problems (for example, the origin and evolution of state and legal norms, the methodology for their study).

When analyzing the essential elements of the theory of law, it is necessary to take into account the specific content of the knowledge obtained. From this point of view, it can be distinguished the following elements:

• philosophy of law, which, according to some researchers (S. S. Alekseev, V. S. Nersesyants) is the study and understanding of the very essence of law, its correspondence to basic philosophical categories and concepts;
• sociology of law, that is, its applicability in real life. This element includes problems of the effectiveness of legal norms, their boundaries, as well as the study of the causes of offenses in various societies;
• positive theory law, dealing with the creation and implementation of legal norms, their interpretation and mechanisms of action.

Versions of the origin of the state

On different stages During its development, humanity tried to understand how certain legal norms governing their lives arose. Of no less interest to thinkers was the question of the origin political system, in which they live. Using modern concepts and ideas, philosophers of antiquity, the Middle Ages and modern times formulated a number of theories of the origin of state and law.

Philosophy of Thomism

The famous Christian thinker Thomas Aquinas, who gave his name to the philosophical school of Thomism, developed on the basis of the works of Aristotle and St. Augustine theological theory. Its essence is that the state was created by people according to the will of God. This does not exclude the possibility that power can be seized by villains and tyrants, examples of which can be found in Holy Scripture, but in this case God deprives the despot of his support, and an inevitable fall awaits him. It is no coincidence that this point of view was formed in the 13th century - the era of centralization in Western Europe. The theory of Thomas Aquinas gave authority to the state by combining high spiritual ideals with the practice of exercising power.

Organic theories

Several centuries later, with the development of philosophy, a body of origin of state and law appeared, based on the idea that any phenomenon can be likened to a living organism. Just as the heart and brain perform more important functions in comparison with other organs, so sovereigns and their advisers have a higher status in comparison with peasants and merchants. A more perfect organism has the right and opportunity to enslave and even destroy weak education How the strongest states conquer the weakest.

State as violence

From organic theories the concept of the violent origin of the state grew. The nobility, possessing sufficient resources, subjugated the poor tribesmen, and then attacked the neighboring tribes. It followed from this that the state did not appear as a result of evolution internal forms organization, but through conquest, subjugation and coercion. But this theory was almost immediately rejected, since, taking into account only political factors, it completely ignored socio-economic ones.

Marxist approach

This deficiency was corrected by Karl Marx and Friedrich Engels. All types and forms of conflicts both in ancient and modern societies they reduced it to the theory of class struggle. Its basis is the development productive forces and industrial relations, while political sphere life of society represents a corresponding superstructure. The fact of the subjugation of weak tribesmen, and behind them weak tribes or state entities from the point of view of Marxism, it is determined by the struggle of the oppressed and the oppressed for the means of production.

Modern science does not recognize the primacy of any particular theory, using A complex approach: the most significant achievements are taken from the concepts of each philosophical school. It appears that government systems antiquity was indeed built on oppression, and the existence of slave societies in Egypt or Greece is not in doubt. But at the same time, the shortcomings of the theories are also taken into account, such as the exaggeration of the role of socio-economic relations characteristic of Marxism while ignoring the non-material sphere of life. Despite the abundance of opinions and views, the question of the origin of state legal institutions represents one of the problems in the theory of state and law.

Methodology theory

Each scientific concept has its own analysis methodology, which allows you to acquire new knowledge and deepen existing knowledge. The theory of state and law in this regard is no exception. Since this scientific discipline studies general state legal patterns in dynamics and statics, the final result of its analysis is the identification of the conceptual apparatus of legal science, such as: law (as well as its sources and branches), state institute, legality, mechanism of legal regulation and so on. The methods used for this by the theory of state and law can be divided into general, general scientific, specific scientific and private law.

General methods

Universal methods are being developed philosophical science and express categories common to all areas of knowledge. The most significant techniques in this group are metaphysics and dialectics. If the first is characterized by an approach to the state and law as eternal and unchanging categories related to each other to an insignificant extent, then dialectics is based on their movement and change, contradictions both internal and with other phenomena social sphere life of society.

General scientific methods

General scientific methods primarily include analysis (that is, isolating constituent elements any major phenomenon or process and their subsequent study) and synthesis (combination components and their consideration together). At different stages of the study, a systematic method and, and to verify the information obtained, a social experiment method can be used.

Private scientific methods

The existence of private scientific methods is due to the development of the theory of state and law in connection with other sciences. Special meaning plays socio logical method, the essence of which is accumulation through questioning or observation specific information about the behavior of state legal entities, their functioning and assessment by society. Sociological information is processed using statistical, cybernetic and mathematical methods. This allows us to determine further directions of research, identify contradictions between theory and practice, and justify, depending on the situation, possible ways further development or amortization of the consequences of the tested theory.

Private law methods

Private law methods represent directly legal procedures. These, for example, include the formal legal method. It allows you to understand the existing system of legal norms, determine the boundaries of its interpretation and methods of application. The essence of the comparative legal method is to study the similarities and differences that exist in different societies at different stages of their development, legal systems in order to identify the possibilities of applying elements of alien legislative norms in a given society.

Functions of the theory of state and law

The existence of any industry scientific knowledge involves the use of its achievements by society. This allows us to talk about specific functions of the theory of state and law, among which the most significant are:

• explanation of basic patterns in the state and legal life of society (explanatory function);
• forecasting options for the development of state legal norms;
• deepening existing knowledge about state and law, as well as the acquisition of new ones (heuristic function);
• formation of other sciences, in particular legal ones (methodological function);
• generating new ideas for positive change existing forms government structure and legal systems (ideological function);
• positive impact of theoretical developments on the political practice of the state (political function).

Constitutional state

Finding the most optimal form of political and legal organization of society is one of the most important tasks of the theory of state and law. Rule of law this moment seems in this regard to be the main achievement of scientific thought, which is confirmed by the obvious practical benefits from the implementation of his ideas:

1. Power must be limited inalienable rights and human freedoms.
2. The unconditional rule of law in all spheres of social life.
3. The separation of powers enshrined in the Constitution into three branches: legislative, executive and judicial.
4. Existence mutual responsibility state and citizen.
5. Correspondence legislative framework of a particular state to the principles of international law.

The importance of theory

So, as follows from the very subject of the theory of state and law, this science, unlike other legal disciplines, is focused on studying existing systems legislative norms in the most abstract form. The knowledge obtained by the methods of this discipline forms the basis legal codes, form an idea of ​​​​the functioning of laws, and outline ways for the further development of society. This and much more allows us to speak with confidence about central position theories of state and law in common system legal knowledge and moreover, to play a unifying role in it due to the relationship with other humanities.

The concept and functions of the theory of state and (TGP) both science and academic discipline:

1) TGP (in a broad sense)- this is the entire doctrine of the state and law in general, which is associated with such concepts as

1. 1. legal science;
   2. jurisprudence;
   3. jurisprudence.

2) TGP (in the narrow sense)– one of the types of legal science, representing a set of the most general laws of the emergence, development and functioning of the state and law.

Theory of state and law as a science

TGP as a legal science is a system of objective, generalized theoretical and methodological knowledge about state-political and legal activities. The central place in it is occupied by a generalization about the state and law, their essence, patterns and development prospects. The joint study of these two legal phenomena is due to their close relationship and interdependence.

TGP as a science is fundamental in nature and forms the scientific and theoretical basis of all jurisprudence. She studies the state and law as a whole, and not their individual parts; she studies the state and law in their unity and inextricable relationship.

Subject of TGP- general patterns of the emergence, development and functioning of the state and law, all state-legal activities.

In the system of legal science The theory of state and law is a general theoretical methodological science. It summarizes the conclusions and data of legal science for the purpose of deeper theoretical research, develops general concepts, on which other sciences rely.

Functions of the theory of state and law (TSL):

1. 1. cognitive (cognition and explanation of the phenomena of state and legal life of society. Explains the objective processes of its development, identifies patterns, determines their essence and content);
   2. heuristic (penetrating deeply into known patterns, it clarifies their trends in the development of the phenomena it studies; the truth of the hypotheses put forward is verified by practice).

The basis modern approach to the study of social life is systematic and integrated approaches.

The methodological basis of TGP is made up of general scientific principles:

1. 1. historicism;
   2. objectivity;
   3. specificity;
   4. pluralism.

During production scientific concepts a variety of logical techniques are used about state and law:

1. 1. analysis;
   2. synthesis;
   3. induction;
   4. deduction;
   5. analogy method;
   6. hypotheses, etc.

Theory of state and law as an academic discipline

In an academic discipline, only part of the general theoretical material is considered, which is presented in the maximum possible way. accessible form, in order to receive minimum required scientific knowledge.

TGP as an academic discipline called upon.

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Topic 1. Theory of state and law as a science

The concept “Theory of State and Law” is usually used in two senses: broad and narrow.
In a broad sense, TTL is understood as a system of all knowledge about the state and law. In this meaning this concept identical to such concepts as “legal science” or “legislation”. In a broad sense, the concept of “TGP” is used extremely rarely and usually only in everyday speech. Thus, this concept in the indicated sense is used to refer to the entire legal science.
In a narrow sense, TGP is understood as a certain legal science, which is traditionally called the theory of state and law. However, there are other names for this science: “ General theory state and law”, “Theory of law and state”, “General theory of law and state”, “Theory of law”, “General theory of law”.
Like any science, TGP is a system of generalized knowledge about any phenomena of reality, the very objective world;
TGP as a science is a system of generalized knowledge about the most general patterns of the emergence, development and functioning of the state, law and other state-legal phenomena. Main features science TGP:
1) TGP is a social science (since the state and law are social, public phenomena);
2) TGP is fundamental, i.e. fundamental, the science of state and law, since the theory of state and law is a science of an ideological, philosophical nature (it has methodological significance only for legal sciences), this is a unique philosophy of state and law;
Sciences are divided into fundamental and applied. Basic Sciences are not directly related to practice and are designed to discover patterns and laws; they penetrate deeply into the essence of phenomena and create the basis for the development of all other sciences. Applied ones are directly related to practice (for example, criminology, criminology, etc.).
3) TGP is a political and legal science;
In the science of TGP, there are two theories, according to one of them, TGP is political science, according to the other - legal science. It would be more correct to consider TGP a political and legal science, because on the one hand, it studies the state (a political phenomenon); and on the other hand, law (a phenomenon that is more legal than political).

1.1. Subject of TGP
1.2. TGP structure
1.3. TGP methodology
1.4. TGP and humanities
1.5. TGP in the system of legal sciences
1.6. TGP functions

1.1. Subject of TGP

In scientific studies, a distinction is made between the object and the subject of science. The object of science is understood as a certain area of ​​study of objective reality. The subject of science is understood as isolated, i.e. The part of the object of study involved in the study is what this or that science studies (phenomena of the objective world).
TGP studies the state and law, but these are such complex formations that they are studied by the entire system of legal sciences, i.e. state and law are the object of study of all legal sciences, therefore TGP studies only certain parties these phenomena.
The science of TGP studies the most general patterns of the emergence and development of the functioning of the state, law and other state-legal phenomena. There are three main elements that make up the subject of research in the science of TGP:
1. The most general patterns of the emergence, development and functioning of the state itself and law itself (the main element).
2. The most general patterns of the emergence, development and functioning of other state and legal phenomena. For example, state power, government controlled, legal relations, legal consciousness, legality, law and order, etc. Also, the connection between the state, law and other state-legal phenomena with economics, politics, morality, religion and others social phenomena.
3. Issues of methodology of legal science. Questions of methodology belong to the field of scientific studies (the science of science), which studies general issues inherent in science in general. Currently happening certain changes in the science of TGP (more precisely in the subject of science TGP) - TGP is increasingly turning to the study of the patterns of development, functioning of the state and law on a global scale.