What is the theory of the state and the right as science

What is the theory of the state and the right as science

Jurisprudence represents a difficult complex of disciplines. When studying the legal relations arising at various stages of social development, special attention is paid to the theory of the state and the right. This jurisprudence considers the most general questions of formation, development and functioning of government institutions and precepts of law.

As well as all other sciences, the theory of the state and the right has the object of study. It represents the generalized phenomenon of the state and the right while other disciplines consider these questions from different sides and from different angles sight.

It is accepted to understand set of the views, the ideas and scientific representations concerning questions of origin, formation and stage-by-stage development of public entities and accompanying it precepts of law as structure of the theory of the state and the right.

The subject and structure of the considered theory completely define its functions. They reflect need of existence of separate science about the state for society and those scientists who investigate the right and the state. The main function of the theory of the state and the right – ontologic. She assumes consideration of a subject in terms of the most general questions concerning social being and public consciousness. Gnoseological function of the theory of the state and the right is related to practice of knowledge of the social phenomena and accumulation of the facts and knowledge of this question. Also ideological function of this science is considered important. She allows to establish how conclusions of the theory affect legal consciousness and the legal culture of certain members of society and social groups. The theory of the state and the right and its achievement directly influence also formation of official state ideology. Researches in science about the state realize its heuristic function. During the researches all new regularities of genesis and development of rules of law and government institutions open. At the same time the base for formation of a subject matter which enters obligatory vocational training of future lawyers is created. Being independent scientific discipline, the theory of the state and the right has the methodological basis. It includes the systematized principles, rules and receptions by means of which the general regularities relating to the subject of this theory are comprehended. The philosophical base of methodology can be considered the dialectic method allowing to consider all aspects in development. It is necessary to carry to private methods statistical, sociological, historical and psychological. Knowledge of bases of the theory of the state and the right is an indispensable condition of high-quality training of professional lawyers and experts in the field of public administration today. This science allows to develop a complete and system view on precepts of law and questions of state system.

Author: «MirrorInfo» Dream Team


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