Being a science - although in recent years the unity of its contested - the theory of state and law deals with certain phenomena and laws.It is designed to explore such diverse phenomena of structural life of society, as the law and the state.That is, the object of her research is the largest and most characteristic trends in the occurrence, folding and interaction of the state and law.Understanding these trends allows you to learn more knowledge of specific branches of jurisprudence.
This general theoretical science has its own methodology - the system specific theoretical propositions and logical ways of research.Thus, the methodology of the theory of law is a system defined logical reasoning and methods (deduction and induction, synthesis and analysis, synthesis, comparison), and the philosophical, linguistic, sociological, psychological and other approaches to the knowledge of the basic laws of origin, development andinteraction between the state and law.
This theory has a general, private and special methods.Methodology theory of law based on the fact that, despite the differences between the study of forms, shapes, structures, functions, and prospects of the state and research standards, sources, types of interpretation of law, its concepts and practices, both theories can be used common techniques Sciencessociety - particularly social philosophy and philosophy of law.It applies the concept that the law as a phenomenon depends on the conditions of life of society, associated with other social phenomena - economic, political, spiritual, cultural, and constantly evolving, quality is updated with the development of society.
Along with general philosophical approaches, methodology, theory of law and enjoys private (specific) methods.For example, traditional specialties (or formal) legal method of studying law, as such, in isolation from the economy, morality, politics, etc.This method makes it possible to isolate a clear and concise wording of the studied state and law in terms of the "subject of law", "capacity", "regulation", etc.An alternative, and to what extent the antithesis of legal and technical methods is a method of comparing legal systems, where they are matched by various criteria on the basis of a specific model or a sample.
is popular and effective sociological method.It is investigated that the right is not in the form of an abstract categories and at specific social phenomena.Together with an analysis of the laws is processing the results of population surveys or statistics, other, non-legal, documents.It allows to increase the accuracy of our knowledge of the subject matter.Methodology theory of law can include a statistical method, which consists in establishing statistics on the subject matter - for example, data on the percentage of crimes committed during the violence which applies to economic offenses.
Other methods of theory of law - for example, historical and psychological - to help by analyzing and comparing the structures of the state and legal norms of certain historical periods to study the process of establishing forms of statehood and the right to reveal kinship between them, trace their developmentand interference.Special or generalizing methods such as psychological, systemic, structural, and others allow you to use advances in other sciences to study the problems of state and law, as well as set specific phenomenon in a specific context.
subject and methodology of the theory of state and law have features necessary for understanding the meaning and trends of public life.Thus, the function of knowledge helps to explain processes and phenomena in the public and legal life.Heuristic function opens up new laws, which cause another function - prognostic (design of future models of the state and law).
