Function theory of law

Theory of State and Law in conjunction with the history of an independent field of knowledge and carries out specific functions, ie has independent directions in research.

First of all, it is an epistemological function, ie knowledge and explanation of the nature, content and form of the state and law, as well as other organically connected to the state and the right of the phenomena and processes.

Further, it is - a methodological function as a system of methods of knowledge developed in the theory of law, creatively used in other industry jurisprudence.

It is a social (Applied) function when the knowledge gained theory of state and law, is used for predictions, forecasts, development of state-legal phenomena and processes. For example, the time evolution of a form of state which character will take political and legal regime, will be successful legal reforms that have to do specifically to create the rule of law, etc. Sometimes in the legal literature, this social (application) function theory of law is called predictive. This function may include both critical and supportive, sometimes even apologetic content in relation to the different sides of the specific states and legal systems. These or other theoretical positions used by various social forces, or for criticism, and even the destruction of existing institutions and state law, or to support them, excuses development.

Therefore, the theory of state and law is objectively very politicized social science, but stress does not opportunistic, adapted for various specific purposes, area of expertise, although, of course, attempts to adapt it to the specific needs of certain politicians have taken place in the history of state and law. This real danger should see clearly and strongly resist it in the understanding and development of theoretical legal knowledge.

A very important feature of the theory and ideology of the state and law.

For a long time the domestic theory of state and law promoted Marxist-Leninist understanding of the state and legal phenomena and processes are being introduced into the public consciousness vulgar-class approach to the state and law, hyperbolizing is the role of violence and coercion in the functioning of the state and law, emphasizing the social nature of the service institutions in the hands of the ruling class, etc.

In the modern theory of law ideological function lies elsewhere. On the one hand, there is the rejection of dogma and limitations of the Marxist-Leninist stage in the development of community legal science, and on the other - approval of the general democratic, humanistic ideals. Only in this way can achieve a new level of scientific knowledge and explanations of state and law, the implementation of its true ideological function.

Now really is the evolution of the domestic theory of law - the transition from its Marxist-Leninist form and content, especially in the description and explanation of the state, to one of the non-Marxist trends of scientific study of the state and law. We emphasize the process is controversial and difficult, requiring the acquisition of new knowledge, above all, teachers, graduate students, students of public universities.

The circumstances of this transition are not subjective, but objective.

There has been enriched theory of law with new knowledge about the origin of the state and law, combined class and universal in nature and state law. There are new knowledge about the functioning and evolution of the socialist states. Anew have comprehended the modern bourgeois state. There were also new knowledge about the humanistic and democratic values in the development of modern statehood.

Became clear the democratic value of the constitutional legality and the rule of law in the fight against tyranny, totalitarianism. In a new question arose, and the social state of law as one of the most promising and progressive goals of development of Russian statehood. A different looks and all the problems of human rights and freedoms, the priority of the rights of the individual, the rights of the individual over the collective entities - the state, the nation and

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Constitutional law

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