LITMIR.BIZ

Скачать книгу

in social progress, the history of society is treated as a succession of socio-economic formations (primitive community).

      Scientific methods of knowledge does not encompass the entire learning process, and apply only to the individual stages of this, the process for the solution of specific cognitive tasks. Such methods are largely universal and are used in many branches of scientific knowledge.

      These include, in particular:

      – Description (descriptions) – ordered statement of the facts and circumstances related to the phenomenon under study;

      – Explanation (interpretation of the essence, the meaning of a phenomenon on the basis of existing scientific knowledge);

      – Analysis (conditional on the division of the whole set of complex – into its components);

      – Synthesis of (mental association sets in the unity of various phenomena, qualities opposites into a whole);

      – Comparison of (pooled analysis of multiple objects with the identification of common and distinctive features);

      – Analogy (thought transference of knowledge of one objectto another, less studied, but similar to them on the essential characteristics and qualities of the object.);

      – Abstraction (mental distraction from nonessential, single, random properties and qualities of specific phenomena and recovering it in common, stable, necessary and substantial formed by abstracting scientific concepts.

      – Mental representations about the nature of specific life events or processes.

      – Logical deduction (a way of thinking that leads from the general scientific principles to the particular);

      – Logical induction (obtaining general conclusions or hypotheses based on the particular facts and data movement method education from individual and special to the general and natural).

      Induction method (induction) is of particular importance for the theory of law, since the latter is aimed at generalization of legal knowledge, to identify universal, sustainable and laws in the state and legal reality. Therefore, the theory of state and law – inductive science;

      – Systematic approach – is to use the concepts and laws of general systems theory that allows us to investigate legal phenomena in their unity and interaction with each other, as well as other non-legal phenomena and processes of nature.

      Private methods of cognition borrowed the theory of state and law of the particular, the individual sciences, and adapted for the study of state-legal phenomena. Among these methods the most commonly used are:

      – Sociological – allows through observation, questionnaires, interviews and other methods to collect data on any government or legal society (on certain types of legal practice, the work of state and legal institutions, etc…);

      – Statistical – allows quantitative indicators characterizing the state and dynamics of any phenomenon (offense, the state apparatus, etc…);

      – Cyber – method associated with the use of concepts and laws of cybernetics (the science of the general administration) to the knowledge of the features of the process of legal regulation;

      – Synergy – a method that is expressed in the application of science concepts and laws of self-organization of complex evolving systems (synergy) to the knowledge of the state and law;

      – Mathematics – expressed in the application of techniques and rules of operating with quantitative data, developed in the framework of mathematics.

      A special group of methods, the method formed in the framework of legal science itself.

      These include methods such as formal-legal and comparative law. Formal legal method is expressed in the use of the most common (general theoretical) legal concepts and laws to address specific legal knowledge of phenomena and processes. The comparative legal method is to compare individual institutions, phenomena or processes of public-law character to identify their common and distinguishing characteristics.

      The theory of state and law is closely linked with the whole system of jurisprudence (jurisprudence). It should be borne in mind that under the jurisprudence (jurisprudence, jurisprudence) understand the whole group of scientific disciplines that study the patterns of state-legal life.

      legal system includes the following sciences:

      1) The theory of state and law – general theoretical science of jurisprudence;

      2) historical and legal science – exploring the specific historical processes and events related to the development of the legal sphere (the history of the state and law of Russia and foreign countries, the history of political and legal doctrines);

      3) branch jurisprudence – explore patterns of development of any particular branch of law (constitutional law, civil law, administrative law, criminal law, etc.);

      4) legal science associated with the industry, but have their own, separate subject of study (law enforcement agencies, municipal law, criminology, etc.)..;

      5) complex jurisprudence – use data other non-legal sciences (physics, chemistry, statistics, medicine, etc.) to solve practical legal problems (criminology, judicial statistics, forensic medicine, forensic psychiatry);

      6) the science of international law – examines the international law and practice of its application.

      A special place is the theory of state and law in the system of law is as follows.

      Firstly, it acts in relation to the jurisprudence in general as a basic science, as knowledge accumulates the most logical and necessary in the public and legal sphere of public life, forming a theoretical «foundation» of all legal science.

      Secondly, it is in relation to other legal disciplines serves as a methodological science, because its knowledge widely used in other legal science as a means of scientific research. Of particular importance for all legal disciplines have developed a theory of the state and the rights of the basic theoretical concepts of jurisprudence, forms a specific «alphabet» of law, such as: law, legal system, legal norm, legal relationship, the subjective right, legal, legal liability, and others.

      Correlation theory of law with other legal science is a two-way, as a general theory of law is not only the basis for the development of industry, application and other legal sciences, but at the same time develops itself based on the specific achievements of these sciences, analyzing and summarizing them data.

      The theory of state and law are closely linked not only with the legal disciplines, but also with many humanitarian sciences, such as philosophy, a common history, economic theory, political science, sociology, and others. Such interaction is also of a bilateral nature and is expressed in «exchange» means studies, theoretical information, concepts, concrete data, and so on etc.

      1.2. The basis causes formation of state and law

      The state form of organization of power has replaced the primitive communal approximately 5-6 thousand years ago. The first state in the world appeared in North-East Africa, South-West and South-East Asia (Egypt, Babylon, India, China). To understand the essence of the state important is the knowledge of the objective reasons that caused its occurrence. Foundations of modern scientific view of the origin of the state were laid in the works of the classics of historical materialism, which were able to uncover the common universal laws of transformation of primitive power in the state. The most significant of these is the work of Engels' The Origin of the Family.

      According to the concept of Engels decomposition of primitive society and the emergence of the state it was a natural result of the transition of society from appropriating economy to a producing economy, the gradual development of the productive forces and the relations of production change in society. This process began long before the formation of the first states and developed gradually.

      Engels pointed to the following principal causes of the state.

      1. The social division of labor, which consists of three stages:

      – Department of Livestock farming;

      – Department

Скачать книгу