Over a long period of scientific practice, which lasted for thousands of years, experts have come to the conclusion that under the jurisprudence of the need to understand the science that investigates the law and the state.This kind of theoretical form and method of production and improvement of legal knowledge.At the same time it represents a common set of social information law.
origins science
More in Roman times separate a law into a science (around the 3rd century BC).Then living scholar Celsus defines it as ars boni et aequi, translated from the Latin - "the art of good and equivalent to the balance of justice, relevance, proportionality."But there is another opinion: lawyer Ulpian argued that this science - "the knowledge of the legal and not legal."Many of us now can not reliably explain the literal meaning of the definition of "jurisprudence": what it is and why it is needed.In the strict sense of the word and the exact translation of the Latin term it consists of two parts: «juris» - the right and the «prudential» - knowledge, science, ie,It involves science, studied law, which is taught in the academy schools.Although Roman law, first felt the influence of the Greek legal reasoning and political science, later became the starting point for the establishment and development of the European type of this science as the Middle Ages and Modern Times.Along with this fact, it occurred in Russia.
right in Russia
development of domestic jurisprudence begins with the formation of the Moscow and St. Petersburg State University - in 1755 and in 1819 respectively.According to EVKuznetsova, the fundamentals for the Russian Law laid it domestic universities, so that the subsequent history of the development of this science in our country can not be separated from the development of these institutions.At first, the teaching of legal disciplines was conducted with the participation of foreign professors.Over time it has been taken and domestic experts.One of the first was the law professor SEDesnitsky, thanks to him, the development of Russian science significant contribution has, by definition, the term "law."What is it - a separate discipline, experts realized thanks to him.
Bookmark and streamlining the theoretical foundations of Russian law is closely intertwined with the ideas BAKistyakovsky, LIPetrazhitsky, SAMuromtseva, FVTaranovskiy, PINovgorodtseva and others. The emergence of a network of industry-specific disciplines contributed to the works of NSTagantsev - "Russian criminal law" in 2 volumes, 1902 NMKorkunova - "Russian state law" in 2 volumes, 1893 GFShershenevich - "The textbook of Russian civil law", 1907, "The textbook trade law", 1914
Properties teachings
What do we know about the general theoretical sense of discipline such as law?What is it - an independent branch of science, which requires a definition of the subject and its study method of learning.You can specify that objects are entitled to it and the state, and the subject - their fundamental properties.Law has significantly expanded in cooperation with sociology and psychology, political theory and ethics.This expansion is due to the fact that the above-mentioned disciplines intersect with objects, in turn, is closely linked to the right.And if the doctrine itself is designed to distinguish the knowledge of the rights of the family within the meaning of industries, he does so because of the desire to avoid such a phenomenon, as a methodological syncretism.It is able to distort the essence of law and clear natural boundaries (see. Or rather "pure theory of law" Hans Kelsen, 1988).By analogy with any science, law has only one thing.In this regard, two markedly different object - the right and the state - are researched and studied as two necessary components.
system science right
Law - what is it?It is a combination of theoretical knowledge of the laws, all sorts of rights and responsibilities, relationships - both between citizens and the state.It implies the ability to apply this knowledge in practice, with its help being proceedings, debates, disputes are resolved.Among the functions of law can identify the main directions of theoretical comprehension of law.Its system consists of a set of science, comprehensive study of the law.Besides these doctrines form a characteristic static structure.In general terms, it is as follows.
- Industry Science - Law constitutional, administrative, civil, criminal, labor and others.
- general theoretical - theory and history of state and law, history of political and legal disciplines.
- Cross-industry - environmental law, judiciary and others.
- Science of Comparative Law.
- Subjects of international law - international public, private international, Space, and others.
- Applied legal doctrine - legal psychology, criminology, criminology, forensic science, and others.
development of legal thought
essence of law is riddled with conflict of two opposing types of law - legistskogo (totalitarian) and the Law.The two main types correspond to two different concepts of science.If the law is based on the distinction of law and relies on antilegistskoe understanding, it refers to a class of legal doctrine.Conversely, under the identification of law and a fulcrum on legistskih interpretation relates to the totalitarian type.Indeed the development of legal thought and pluralism inherent in the interaction of different views and opinions.They are located between the two poles of law, but there are a bizarre mix of typology of different ideas.However, this law is not impaired, learning which leads to its understanding of the science, because ultimately it is a specific type of interpretation determines the theoretical sense of his method as a unified discipline of law and state.
Concept Institute
By law applies such a term as "the Institute".It is a set of rules that affect one or more overlapping relationships.These circumstances, not being accidental formations legislator, and to identify concrete and inevitable connection of components due to the structure of the phenomena of life (the ethical, economic, social), lend themselves to a detailed study of the classification, which allows to install between the rules of the internal relationship that brings them to the factor of formation.The study of the legal relationship occurs by means of a subordinate position or subordination groups.Any of these groups is called the Institute.For example, talking about the institute contract, inheritance, property and family.Also, there are smaller formation that are part of any of the foregoing.Institute of Law - not such a permanent type of legal relationship, but merely a generalization of standards relevant for a given length of time.
Legal specialization
Having legal knowledge and applying them, lawyers provide the rule of law and the impact of monitoring compliance with the rules of law in all spheres of society.To master the foundation, the basis of knowledge in this area need to be trained, which offer law, universities in this direction.The extent of teaching required courses and loads of different terms, including training, there are options for five or six years (optional - optional Masters (2 years)).
The law identifies several specializations.They are characterized by a set of disciplines, which has a certain influence on the choice of future profession student eligible.Legal divided into the following specializations: state-legal, international law, civil law and criminal law.Within this classification are also studied a different kind of discipline: issues of international law, human rights, international security, etc.
Law society
legal culture is one of the forms in which to some extent is represented by culture of our society.Jurisprudence - special wide format.The study, research and application of legal relations inevitably rests on a fundamental conceptual characteristics of a modern developed society (the relation of sociology and cultural studies).Legal liability - a form of social guarantee, which is in the study of psychology.It all boils down to the essence of the relations of individuals to the laws of the state.As a general rule, a person caught in a difficult situation, unlikely to be able to figure in a huge number of legislative acts in order to select the most appropriate ones for use in their favor.To exist and lawyers to this work has been done.Legal helps them to adequately handle innovations in the legislation, is competent to advise and help seek legal services to a specific person.
