The Theory of State and Law (elementary course). Aigul Karatayeva

Чтение книги онлайн.

СКАЧАТЬ esentation educational material and are expressed as follows.

      Firstly, in the course of a fairly brief concentrated form provides information on a vast range of problems theory of law, many of which are not covered in social or other educational publications superficially.

      Secondly, it presents knowledge as fundamental problems theory of law, which form in time modern legal dogma and on the not quite traditional, new to the jurisprudence issues, such as, in particular, as a legal and policy legal life.

      Third, the specificity of the course is the special logic of race–position of theoretical knowledge – from simple elementary scientific legal concepts to more complex ones.

      This, in particular, led to the selection of a special section «System analysis of legal phenomena», finishing the tutorial, which revealed the most complex system such category of the theory of law, as the legal system, the mechanism of legal regulation, legal police, legal system, legal family, legal a life.

      Fourth, the continuity of the traditional approaches to fundamental scientific problems of theory of state and law in this special course consistently combined with author's approach to the consideration of a number of theoretical contents and designs.

      Fifth, each chapter ends with a list of the most important scientific literature recommended for deeper of the considered problems.

      The above features cause functional the present course, the possibility of its use process for solving a variety of problems: getting the foundations of the system of knowledge about the state and law, the assimilation of the modern interpretation of certain scientific problems, prepare for exams and tests on the theory of the state and law, writing scientific papers in the discipline.

      CHAPTER 1

      THE THEORY OF STATE

      1.1. Subject and Method Theory of State and Law

      The object and the subject of science theory of state and lawEvery science has its own object and subject of study. Under the object of science is commonly understood as a particular area of objective reality, a single side of the real world in all its diversity of its manifestations – objects, processes, events, etc., which is engaged in the study of science. In other words, the object is what is being studied in science. The concept of the object makes it possible to distinguish between «areas of interest» in the various branches of scientific knowledge. The object of legal science includes the state and the law, the state-legal practice, as well as socio-political and other non-legal practice in the extent to which it affects the formation and development of state-legal phenomena.

      This wording reflects the essence of the object of study, not only of law in general, but also of all private juridical science, including theory of law. However, each individual legal science examines the object of knowledge in a special way, considering it from a particular party. Specificity of a particular object of knowledge reflects the concept of a separate science subject of science. Under the subject of science to understand the system of specific laws and material properties of the object studied in a separate branch of knowledge.

      Features of the subject theory of law in comparison with other legal disciplines are as follows.

      Firstly, the theory of state and law explores the most common, basic, essential laws of the state and legal life. It examines the state and the law in general, in the most general form, reveals the general laws of their origin, historical development, operation and interaction, shows the steady deep connections between phenomena public and legal life.

      Second, the theory of state and law explores the most important, required properties of the state and legal phenomena, revealing their nature and purpose in society. This science produces knowledge about the nature of phenomena such as, for example, the government, the state mechanism, the political system of society, law, legal norm, the legal system, sources of law, legal relations, etc… By disclosing their basic, natural, sustainable properties.

      Third, the specificity of the subject theory of law lies in his double unity. The subject of science combines both state and legal phenomena of social life, state and law are studied in unity, in the relationship and interaction. This aspect of the study is related to the fact that the state and the law in real life are closely interrelated and complementary social institutions.

      Fourth, the knowledge accumulated by the theory of the state and law is not simply a set of informal, namely theory, t. E. A logically consistent system of views on the state-legal u society, comprehensively explaining all Substantive and regular in it.

      The general methods of knowledge of state-legal phenomenaUnder the method of scientific research to understand specific techniques, the way activity, used to obtain scientific knowledge. When talking about the method of science, it usually refers to the entire set of techniques and tools used in the study of an object.

      Science theory of law also uses scientific methods system, which can be subdivided into general, general scientific .

      Universal (philosophical) method of research is reflected in the use of knowledge of the principles, concepts and laws of any philosophical doctrine. The universal nature of this method stems from the fact that it permeates him all science is applied at all stages and phases of scientific knowledge. The exact same content of this method depends on some philosophical outlook adheres to the researcher. Within the philosophy of science has developed a lot of concepts, which, depending on the method of solving the «fundamental question of philosophy» – the ratio of matter and consciousness – can be divided into idealistic and materialistic.

      Idealism – a group of philosophies based on the idea that the mental principle (spirit, mind, mind, will, thought, etc…) Is primary in relation to the top (matter, nature). Income interpreted as a form of spiritual. Idealism is divided into subjective.

      Objective idealism asserts the existence of the spiritual first principle outside and independent of human consciousness (mind, the divine will). The best-known teachings of objective idealism are the philosophical concepts of Plato, Leibniz, F.V. Schelling, and G. Hegel.

      Subjective idealism or denies the existence of any reality outside the mind of the subject, or treats reality as something that is completely dependent on the human mind. This trend in philosophy most clearly expressed in the teachings of John, Berkeley, Hume, Fichte.

      In the modern period in philosophy the most common, such idealistic trends as neo, existentialism, and phenomenology.

      Materialism – is a group of philosophies based on the idea that the world exists objectively, regardless of the human mind, that matter is primary, and consciousness, and thought is a property of matter that the world and its laws are knowable. Historical form of philosophical materialism are as follows: antique materialism (Democritus, Epicurus); materialism of the Renaissance (J. Bruno.); metaphysical materialism of XVII-XVIII centuries. (Galileo, Bacon, Thomas Hobbes, John Locke, B. Spinoza.); French materialism of the XVIII century. (K. Helvetius, P. Golbah, Diderot); anthropological materialism (Feuerbach); Materialism of the Russian revolutionary democrats (VG Belinsky, Herzen, Chernyshevsky, NA Dob).

      In the second half of XIX – early XX century formed such forms of materialism as dialectical and historical materialism (Marx, Engels, Lenin).

      Dialectical materialism – a detailed theoretical doctrine of the most general laws of development of nature, society and thought. This philosophical doctrine comes from the fact that matter – the only basis for peace, consciousness – a property of matter, recognizes the universal relationship of objects and phenomena, the movement and development of the world as a result of its internal contradictions.

      The essence of the dialectical understanding of matter СКАЧАТЬ