The structure theory of law

Theory of law - it is a single science, which gives a general idea of the state and legal validity.

Current science structure consists of two major blocks (elements):

• theory of the state;

• theory of law.

However, there are some common issues that are important to both of these parts (questions of their origin, development, methodology, typology of approaches to nature, etc.).

In the scientific literature, however, expressed the view that the idea of indissoluble connection of State and Law limits the subject area of Theory of State and Law of the laws common to the state and law.

As a result of their own rights laws are rooted in the social system, receded into the background, and the relationship between the state and the law was interpreted, with all existing reservations, as a causal relationship right from the state.

It is also emphasized that this leads to the priority of the government over the law, social justice, moral principles. Therefore, some lawyers suggest rejecting the association theory of law as part of the general theory and the theory of the right to allocate an independent science with its object.

It seems that the authors of this view is not quite right. It's not just the idea of indissoluble connection of State and Law. This, in principle, an axiom. The case in legal thinking, which can not be brought to the statist level can not be defined only as the right tool (tool) government should not be hard to associate it only with the state.

Statism (from the French. Etat - state) - the direction of public opinion, to regard the state as the ultimate result, the goal of social development.

Right - a means of social control, which has its own cultural value and deep roots in the community social relations (which can manifest itself in referendums, public discussion of the influence of voters in the legislature, the participation of citizens in government, etc.).

With all the interdependence of the state and the rights of the latter should always be "open" for a person of different social groups, classes, and society as a whole. In other words, the interdependence of rights with some social institutions does not preclude its interaction with others, which involves consideration of the law in terms of a more autonomous. In addition, studying the problem of statehood, we thus perceive a greater extent, and the law itself. One without the other is known to not exist. That is why the theory of law there is no need to tear off from the theory of the state.

Theory of law can act in the form of science, and in a form of discipline. They must be distinguished from each other. Academic discipline is based on science, is designed to bring to the students both within the educational process, and with the help of certain techniques is obtained by science and proven practice knowledge.

Theory of law as an academic discipline is a system necessary for training information corresponding to a particular training

beautiful pictures

65_mountains (2).jpeg

Constitutional law

Пред След
Яндекс.Метрика