The system of the theory of state and law

The teaching methods of themselves, their classification and effective application, the theoretical justification of the methods used in the science of cognition of reality is called methodology. The term "methodology" is composed of two Greek words: "method" (the path to anything) and "logos" (science teaching).

Thus, word for word "methodology" - the doctrine of the methods of cognition. The term "methodology" means the system of all the methods that apply this science.

Under the method of science is understood set of methods, tools, principles and rules by which the student understands the subject, gets new knowledge. Method - an approach to the phenomenon of objects and processes, systematic way of scientific knowledge and truth.

As the British historian and sociologist G. Buckle, "in all the higher branches of knowledge the biggest difficulty is not the discovery of the facts, and the discovery of the correct method, according to which the laws and the facts can be established."

All the variety of methods of theory of law, depending on their extent can be arranged in the following system.

1) The general methods - is philosophical, ideological approaches that express the most universal principles of thinking.

Among the general release of metaphysics (considering the state and the law as eternal and unchanging institutions, deeply connected with each other and with other social phenomena) and dialectic (materialistic and idealistic, the latter, in turn, can act as an objective or subjective idealism).

Thus, the causes and the very existence of the state and the rights of objective idealism connects with the divine power or objective mind, subjective idealism - to human consciousness, with the agreement of the will of the people (the contract); materialist dialectic - the socio-economic changes in society (the appearance of private property and the division of society into antagonistic classes).

From the standpoint of the materialist dialectic of all phenomena (including the state and the law) is considered in the development, in a specific historical setting and in conjunction with other events.

2) scientific methods - it tricks that do not cover all scientific knowledge, and apply only to the individual stages, in contrast to the general methods. Among the scientific methods include: analysis, synthesis, system, and functional approaches, the method of social experiment.

The analysis is conditional division of a complex state-legal phenomena into separate parts. Thus, many of the categories of the theory of state and law formed by the disclosure of their essential characteristics, properties, qualities.

Synthesis, in contrast, involves the study of the phenomenon by combining its conditional components. Analysis and synthesis, are usually used in unity.

The systems approach focuses on the disclosure of the integrity of the object, to detect multiple types of links in it. This method makes it possible to consider as a system formations state apparatus, political and legal system, the rule of law, the legal relations of the offense, law and order, etc.

The functional approach focuses on the elucidation of the impact of some forms of social phenomena on the other. This method makes it possible to know the functions of the state and its organs, the functions of law and its specific provisions, the functions of justice, legal liability, legal benefits and incentives, legal privileges and immunities, legal incentives and constraints, etc.

The method of social experiment related to the verification of a project solutions in order to prevent damage from incorrect choices regulation. As examples include experiments to introduce in nine regions of the Russian Federation jury, the organization in a number of municipal public safety agencies of local government, etc.

3. Chastnonauchnye methods - it tricks that are the result of the assimilation theory of state and law academic achievement of specific (private) engineering, natural sciences and humanities. These include concrete sociological, statistical, cybernetic, math, etc.

Sociological method allows using questionnaires, interviews, observation, and other techniques to obtain data on the actual behavior of actors in the public and legal spheres. It is used to determine the effectiveness of state and legal structures for social relations, revealing the contradictions between the law and the needs of social development. By, for example, sociological studies draw conclusions about the nature and effectiveness conducted by the power structures of the state legal policy.

Statistical method to obtain quantitative measures of certain recurring mass of state-legal phenomena, such as torts, legal practice, the activity of the state bodies, etc.

Statistical studies consist of three stages: the collection of statistical material, reducing it to a single criterion and processing. The first phase of the study is to record individual phenomena with state-legal significance. In the second stage, these events are classified according to certain criteria, to conclude estimates made conclusions about rubritsirovannykh phenomena.

For example, a quantitative account is perfect for a certain period of time offenses. They are then classified according to their content. Finally, the conclusion as to which of them tend to grow, and what - to decrease. On the basis of statistical information is carried out scientific research of the causes of these trends.

Cybernetic method - a trick to using the system of concepts, laws and means of cybernetics to know the legal state of the phenomenon. The possibilities of cybernetics is not confined to the capabilities of its hardware (computers, etc.). Deeper understanding of the legal state laws can and with the assistance of its concepts (management, information duality of information, communication and feedback, optimality, etc.) and theoretical ideas (the law of requisite variety, etc.).

A mathematical method - a set of techniques operating with quantitative characteristics. Yet Kant said that "all the knowledge of the truth as much as mathematics." Currently, mathematical methods are used not only in criminology or forensics, but also in the classification of crimes and law-making, and in other areas of legal reality, etc.

4. We can distinguish two methods that apply to private law, which is a purely legal: legalistic and comparative law.

Legalistic method allows to determine the legal concepts (eg, such special legal terms as substantial harm, a legal person, serious injury, extenuating circumstances, etc.), identify their characteristics, to classify, interpret the content of the legal regulations and t . §

Its specific feature is a distraction from the essential rights of the parties. The problem, which in this case is put, is the clarification and explanation of the current legislation, in its systematic presentation and interpretation for the purposes of the law-making and law enforcement.

Therefore, the content of a technical method includes legislative technique and methods of interpretation of the law, as well as the study of the factors and conditions that apply these standards and have an impact on their nature.

The method considered is to investigate the use of the right categories, definitions, structures specially-legal methods. It provides an opportunity to study in detail the technical and legal and regulatory side of law and on this basis a professional practice law.

Comparative legal method allows to compare different systems of law or of its elements - the laws, jurisprudence, etc. - To identify their general and specific properties. Comparing, for example, the legal systems of Germany and Russia, we learn that among them there are many identical, but there are some differences inherent historically.

This method is used to study the different legal systems (makrosravnenie) or individual elements of legal systems (mikrosravnenie). By empirical comparison is mainly mikrosravnenie - comparison and analysis of legislation through their similarities and differences as well as their application. In the science of law of comparative law method is used primarily in the study of the legislation of two or more states.

The methods are particularly important for the theory of law, because this science is methodological in relation to other legal sciences that use it

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