Legal (or legal) science studies the legal system in the state. It is part of the training program for lawyers and other people whose work is related to the court.
Meaning of jurisprudence
Today, modern legal science is one of the most important humanitarian scientific disciplines. This is due to the fact that in the 20th century the rule of law was established throughout the world. All socially important actions are somehow regulated by legal norms. It is legal science that investigates them. The knowledge associated with it has a direct applied purpose. Without jurists and lawyers, it is impossible to imagine legal relations between the state and society.
Over time, an international system of legal education has developed, which annually graduates millions of specialists. As a rule, training is divided into several cycles. For example, in the USA, Mexico, Great Britain and some other large countries, the first stage of education lasts three years. Upon completion, the student receives a bachelor's degree. After one more course, the student becomes a Master of Laws.
The birth of jurisprudence
Even in antiquity, there was a legal science, or rather, its prerequisites. They originated andevolved as legislation grew in ancient societies. Often legal norms were associated with religion. For example, in Judea, laws were taught from excerpts from the Bible.
At the same time, in ancient Greece, the first schools arose where legal science was taught in the modern sense. Philosophical circles existed in the policies, where, along with the laws, eloquence was taught. It is important to note that at that time the concept of "legal science" was inseparable from general knowledge. For the ancient Greeks, there were no separate disciplines. Wise men (philosophers) studied all sciences at once.
In Rome, jurisprudence received an additional impetus for development. At first, in this city, knowledge of the laws was also the privilege of the priests. However, already in the 1st century AD, the first private law school appeared in Rome, which was founded by Sabinus. The term of study in this institution was equal to 4 years. Gradually, similar schools were founded in other large cities (Constantinople, Athens, Beirut and Alexandria).
Roman Law
The modern system of law was born in Rome. Its features can be found in any current legislation. How did you manage to keep this knowledge for so many centuries? After all, in the 5th century A. D. e. Rome fell, and all the great ancient civilization was dissolved among the barbarian peoples. The answer is very simple. The Roman Empire had a legal successor - Byzantium. It was in this state that the former legal and state system was preserved.
The legal principles adopted in ancient Rome are known as Roman law. Today this discipline isan obligatory part of the program at any law faculty. In 530-533 in Byzantium, the Code of Justinian was created, in which this knowledge was systematized. Modern legal science could not exist without this document. It is also known as "Digests".
The importance of Roman norms
In Roman law (and later in the "Digests") the fundamental concepts for jurisprudence were fixed. The main one was the assertion that the state is the result of an agreement established between citizens. For the inhabitants of the country, the creation of a clear system of power is necessary in order to solve socially important problems.
Already in ancient Rome, there were principles of justice that followed from equality. It consisted in the same measure of responsibility of all citizens to the state. People could live in a society in prosperity only if certain norms were adopted prohibiting actions that violate the rights of the inhabitants of the country. These were the laws. Connoisseurs of these rules became lawyers and defended people in court if their rights were under attack.
Legal science in Russia and throughout the rest of the world is largely built on the concepts that lawyers in the Eternal City operated on. This is not so strange if you realize that since then the structure of the state and its relations with society have not changed much.
Reception of Roman law
The provisions of Roman law turned out to be universal. They continued to be used even afterhow the ancient state remained in the past. This phenomenon is called the reception of Roman law. This process has several forms. They varied depending on the particular state.
Roman law can be an object of study, commentary and research. In this case, its principles and norms are not directly adopted. Selected only some of the principles that are in modern legislation. This is the easiest and most inconspicuous form of reception.
In other cases, Roman law can be adopted in its entirety. Applied jurisprudence in this case develops mechanisms for working with the legislation in which these norms are found. For example, the best lawyers in France in the 19th century combined national and Roman norms. The result of this work formed the basis of the famous Napoleonic Code. It stressed the importance and primacy of civil rights. Much modern legislation is based either on Roman law or on the norms formulated in 1804 in the Napoleonic Code.
Jurisprudence in Russia
The first signs of the emergence of jurisprudence as a science in Russia can be found in the documents of the 17th century. The state planned to introduce the teaching of "justice" at the Slavic-Greek-Latin Academy. It was the first higher educational institution in Russia. But then this idea was never realized.
Legal science and legal practice became an urgent need in the era of Peter I. The Russian Tsar reformed the state. All old posts have been replaced by European onesanalogues. A "Table of Ranks" and other documents regulating the life of the bureaucratic class appeared. State activity has become orderly. However, in the new conditions, the country needed specialists who would understand the principles and processes taking place inside the bureaucratic machine.
Therefore, in 1715, Peter I began to prepare a project to create a specialized academy. According to the idea, its graduates were supposed to work in the offices and monitor the legality of their work. However, domestic teaching of jurisprudence began elsewhere.
The emergence of domestic legal education
In 1725 the Academy of Sciences of Russia was established. Until the 60s of the 18th century, jurisprudence and the basics of political science were taught within its walls. For the first time pupils of St. Petersburg heard about what jurisprudence is. The functions of this knowledge were extremely pragmatic. It was in the XVIII century that there was a noticeable growth of the bureaucracy, which could not be effective if its members did not understand the structure of the state and laws.
After the founding of Moscow University, the best Russian legal education began to be taught within its walls. At the same time, invited German experts were the first lecturers in jurisprudence. Only in the era of Catherine II did the first domestic teachers and professors appear (for example, Semyon Desnitsky).
Current State
Russian legal science and legal education have experienced significant transformations in recent years,related to the introduction in our country of the European model of training lawyers. This phenomenon is also referred to as the Bologna Process. It got its name from the place where the agreement was signed. In 1999, European countries (Russia joined them 4 years later) agreed to bring together and harmonize their disparate higher education systems.
This decision was reflected in the law schools. Modern Russian levels of higher education (bachelor's, master's, etc.) correspond to European standards to the maximum. The established procedure allows students of domestic universities to continue their studies abroad without difficulty. In turn, legal science in Russia receives an additional incentive for its development in the form of links with foreign specialists.
Theory of state and law
Jurisprudence is divided into several fundamental sciences. One of them is the theory of state and law, or TGP for short. This theory appeared in the Soviet professorial environment, and today remains predominantly a Russian discipline. In Europe, the state and law are studied separately.
The legal science of TGP considers the principles, trends and patterns of the emergence of government institutions. The theory touches on such important concepts as the offense, legal responsibility, the political system, the legislative process, etc.
Social contract theory
In its current state, jurisprudence has several fundament altheories. Jurisprudence studies the state, civil society and law itself. But do these phenomena have a single point of intersection?
The social contract theory assumes that the state, law and civil society arose as a result of an agreement between all people. The meaning of the word "jurisprudence" lies in the totality of disciplines that study this phenomenon.
The social contract theory formed the basis of the modern idea that a legitimate state can exist only with the consent of its subjects. For the first time, such an idea was formulated by the famous English thinker Thomas Hobbes in 1651. Later, his theory was developed by no less important philosophers John Locke and Jean-Jacques Rousseau. Their research has given rise to several scientific schools and famous terms. For example, Hobbes suggested that in the absence of a state, anarchy or war of all against all would reign.
Legal Psychology
A significant part of legal science is connected with investigative activities and forensics. Without jurisprudence, there would be no criminal law. An important era for its formation in its modern form was the 20th century. New methods of conducting investigations appeared, etc. In the 1960s, legal psychology arose. As a science, this part of jurisprudence is necessary to identify and search for criminals.
In forensics, the psychological factor is very important. Often the actions of criminals are irrational, they cannot be explained. A person who breaks the law may havehundreds of motives to commit a fatal act. Legal psychology appeared as a set of methods aimed at studying the behavior of criminals.
Methods of legal psychology
The modern concept of "legal science" is quite multifaceted. This is due to the complex organization of society and the state. This concept also includes integrative disciplines, that is, those that exist at the junction of two other sciences. For example, legal psychology uses the methods and concepts of both psychology and jurisprudence, which have become its foundations.
Its subject explores the relationships, mechanisms and phenomena that cause violations of the law in society. Legal norms are violated by an individual. But, as a rule, the reason for his act is hidden in deeper processes related to the state of society.
Legal psychologists have several universal methods to help them in their work. For example, structural analysis examines the dependencies of the event in question. The method of conversation is necessary in order to obtain from a person accurate testimony about the reasons for his actions that led to the violation of the law.
