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The theory of state, law. Functions of the state. The concept, subject, functions, structure and methods of the theory of state and law

In the legal science there is such a discipline as the theory of the state, law. The functions of the state are studied by future experts on the law on a par with various codes and documents regulating public life.

Fundamental principles of theory

In jurisprudence, not so many sections are as important as the theory of the state, law. The functions of the state are the key and the most difficult subject of study for lawyers. They need to be conceptualized theoretically and 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.

In Russia, the theory of state and law is especially important. The functions of the state in our country continue to be established after the renunciation 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. Gradually, a rule-of-law state and civil society are being created. Transformations of this kind can not pass successfully without qualified specialists. They need to know what the theory of state, law is. The functions of the state are only determined and honed. If this is done by professional lawyers, 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 character. This discipline performs several important public missions. The first and the 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, tries to find out how the state and law emerged, what these concepts represent 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 cognition. For this, various techniques and theoretical ideas are developed. They are necessary for the precise identification and recording 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 the link between the numerous subsections of legal cognition. So in different industries there is a logical integrity. The theory summarizes the 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 external and internal state policy. The struggle for power in society at all times has been fierce and intense. The 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 this administration and the state machine itself.

Other functions of the general theory of law and the state remain close to the above-described principle. For example, this is the connection of this science and ideology - a system of concepts and ideas, through which the consciousness and worldview of one person, as well as the whole society, is formed. The state and people can not co-exist, if there are not even the basic basic principles (for example, patriotism). Therefore, it is not surprising that when a society loses its own ideological landmarks, it enters a period of crisis and confusion. This course can also be called a notorious national idea.

The use of theory

If the main functions of the theory of state and law are to carry out the renewal of different political systems, how does science develop new power mechanisms? They are born from the knowledge of the experience of previous generations. Humanity for its long history has created many state systems. Some of them have taken root (like democracy), others (ancient despotism) have faded into the past. All of them are analyzed by scientists and specialists.

Useful principles and tendencies form the basis of new theories and models of public administration. They become popular when the country changes its power. 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.

Public 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 conditions for this. First, 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 public life lays on a strictly outlined scientific basis. In it everything is regulated and stipulated. If the actions of institutions of power are of a similar nature, then the life of the state and society will become harmonious and productive.

People were organized into 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. The theory gives clear and clear recipes, how to organize and develop such a state life. Any system, stalled in its development, sooner or later disappeared from the world theater. So we can say about many ancient civilizations, who 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 not an exception to this. She studies the patterns of functioning, purpose, emergence and development of power. State and law exist within a huge system of social relations. The theory separates them from this array and studies them separately from other phenomena.

Studies are also given to people's ideas about power in their country. The complex interaction between the state and society affects individual and group political consciousness. The theory makes these binding threads the object of its study.

Two parts of one whole

Why is there a unified 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 their essence in order to separate them. Without an idea of law, one can not study the state system. The 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 need to be studied in their legal design. At the same time, only a person who knows the structure of the state in his country can become an expert in jurisprudence. The theory emphasizes the need for the existence of two of its key phenomena. If there is no state, then anarchy and chaos will begin in society. No one can stop crime. Conflicts of interest will lead to wars and bloodshed. The absence of the state will deprive people of many personal benefits.

But in the same way it is impossible to imagine a society without legal norms. The tragic examples of human history of the twentieth century clearly show what the state "screwing nuts" and pressure on people lead to.

Dialectical methods of cognition

The theory under consideration has evolved over several centuries. During this period, various methods of cognition of power were developed within its framework. At the same time, this scientific discipline also uses the general methods of research developed in the field of humanitarian knowledge before that.

The philosophical basis of the theory is built around dialectics. This is the doctrine of the most regular 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 such principles as the transition of quantitative changes to quality. Also, we should not forget the law of negation of negation.

Principle of dynamism

An important feature of the science of the state and law is the fact that it studies its objects as constantly changing "living" systems. The theory does not recognize statics. State and law can not be given forever in an unchanged form. There are too many interests and conflicts in the society for this system to remain the same for an infinite time.

People for generations 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 democratic. They absorb new socially oriented attitudes. This is an inevitable path of progress, from which even the most conservative regimes can not turn their back.

System method of cognition

State and law are complex constructions that have developed over many centuries. Today they are complex systems, consisting of a huge array of ordered unit elements. When these parts of the same whole interact with each other, new principles and phenomena are synthesized. These new concepts will include something unique that has not been in the past generations.

The theory studies these many-sided processes. If you represent the state as a system, then the authorities can be called its component. Law also has its own elements - norms and laws.

The place of the theory in the whole of science

The whole world can be divided into material and spiritual parts. Their unity generates the cohesion of all scientific knowledge. What is the place in this system for the theory of state and law? Undoubtedly, it belongs to the key humanities.

The importance of the state and law is difficult to overestimate. It is therefore not surprising that they affect, in one way or another, all humanities. The theory is based on the achievements of these related disciplines (for example, social studies).

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