The concept and system of legal sciences

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The concept and system of legal sciences
The concept and system of legal sciences
Anonim

Legal science has a special place in the system of social sciences. Law in terms of everyday life can be considered ordinary affairs that involve the reconciliation of various interests.

Features

The system of legal sciences includes laws, government regulations, court decisions, lawyer documents, activities of investigators, notaries, judges, legislators.

Law has been studied since antiquity and is currently used for practical purposes. The theory of law in the system of legal sciences is studied in specialized colleges, universities, and other educational institutions. This allows explaining the meaning of laws, options for their application in specific situations to future lawyers, judges, prosecutors.

system of legal sciences
system of legal sciences

Importance of jurisprudence

It is considered a social ideological and theoretical science. Legal science in the system of humanities is aimed at implementing the rules of law, increasing the efficiency of their use. It is she who explains the basic laws of the development of law and the state, their functions, value, social significance.

Structure

Currentlytime, the system of legal sciences includes several branches at once:

  • science that studies constitutional law;
  • section related to administrative law;
  • civil rights science.

The facts of the emergence, improvement of law and the state are considered within the framework of the course "History of the state and law".

Jurisprudence is not only an ideological, theoretical, but also an applied science.

Many rights in the system of legal sciences occupy a separate place, are an important aspect of the activities of lawyers, prosecutors, and other representatives of this complex system.

The analysis of the problems of the formation of a rule of law state, ways to strengthen discipline, modernize the state, change the functioning of law enforcement organizations is of particular importance at the present time.

The modern system of legal sciences is aimed at identifying the main causes of the growth of crime, a variety of offenses, and finding effective measures to reduce their number.

law in the system of legal sciences
law in the system of legal sciences

Principles and axioms of jurisprudence

Legal science deals with the study of legal truths that do not need proof. Many ideas, provisions, axioms were created in ancient times, but they have not lost their relevance at the present time.

The state and law are considered complex social phenomena, they include many subsystems and additional components. Their functions are so multifaceted and complex thatrequire serious study and analysis.

theory of law in the system of legal sciences
theory of law in the system of legal sciences

Features of terminology

The concept and system of legal science have an interesting history. In Russia, all problems related to jurisprudence are considered within three groups of disciplines:

  • legal sciences of historical and theoretical profile;
  • industry legal disciplines;
  • special courses.

It is the task of legal science that includes activities aimed at developing certain knowledge regarding law and the state.

Lawyers are considered to be those specialists who are preparing for the practical use of such information, and the field of knowledge itself is considered jurisprudence.

place of the theory of law in the system of legal sciences
place of the theory of law in the system of legal sciences

Features of forensics

In the practical work of modern forensic experts, a special classification of blood traces, which was proposed by L. V. Stanislavsky, has become widespread. He argued that it is first necessary to study in detail all the elements of the traces, only after that proceed to the assessment of their combination. It is forensic science that occupies a separate place in the system of legal sciences, it allows you to establish the involvement of certain people in crimes: murders, damage to property, theft of personal belongings.

place of the theory of the state in the system of legal sciences
place of the theory of the state in the system of legal sciences

Features of activity

The system of legal sciences performs certain functions. The analytical role consists in the study of the adopted legislation, its periodic interpretation and review. For example, a lawyer finds out the meaning of a particular law, carefully considers its content. In real practice, the plans of the legislator often differ from the actual implementation of the law. The task of jurisprudence is to study the practice of using the law, the effectiveness of its impact on relations in society, verifying the implementation of the purpose of the legislation.

For this, various sociological surveys are conducted, the attitude of society to legislative initiatives is assessed.

The constructive function determines the place of the theory of the state in the system of legal sciences. The results obtained by jurists make it possible to reform legislation and amend existing laws.

legal science in the system of humanities
legal science in the system of humanities

Legal Sciences Division

There is their division into parts. Currently, it is customary to single out constitutional (state) law, civil law, and administrative law. Depending on the needs of jurisprudence, there is a theoretical basis for this science, which also has many branches.

For example, they highlight the history of domestic jurisprudence, international industries.

Law deals with the study of a whole range of legal sciences, which are called jurisprudence.

A special place in jurisprudence belongs to the theory of law. This science is considered conceptual, theoretical. It is aimed at studying the essence and contentlaw, its structure, constituent elements, features of action, as well as consideration of general issues of jurisprudence.

Based on the theory of law, separate parts of the legislation function: criminal, civil, procedural, labor law.

legal science in the system of social sciences
legal science in the system of social sciences

Legal Science Groups

This system is divided into three major groups: sectoral, theoretical-historical, special. Let's take a closer look at each of these groups.

Historical and theoretical sciences consider the theory of the state and rights, the history of the state, law, etc.

Financial, administrative, criminal, and labor law are considered industry-specific legal sciences.

Specialists consider forensic medicine, forensic science, forensic accounting, psychology as a special legal science.

The full range of legal sciences involves an additional highlight:

  • commercial law, arbitration process;
  • family, private international law;
  • agricultural, land, forestry, water, environmental, mining law;
  • Prosecutor's supervision, judiciary, advocacy.

There are other classification options that are associated with the subjectivity of the opinions of individual authors. For example, someone in the composition of the historical and legal cycle includes Muslim and Roman law or separates family, civil law from the civil law type.

Due to the significant deterioration of the environmental situation on our planet, injurisprudence has a separate section - environmental law. Lawyers specializing in this field monitor the compliance of large enterprises and chemical plants with environmental legislation.

The transition of the economy of many countries to market relations has become the reason for the training of lawyers in tax, commercial, stock law.

Currently, there is a significant complication of legal relations, there is a need to assess the legality of registration of a pledge, mortgage, privatization of residential and commercial real estate.

In closing

At present, the scope of civil law has significantly expanded, the number of individual freedoms and rights of people has increased. This leads to an increase in the number of citizens who seek advice and assistance from legal practitioners.

Sectoral and special disciplines of jurisprudence conduct certain research in a specific area, area of legal or state activity. The theory of state and law analyzes the general specific patterns of the formation of state and law.

It acts as an original reservoir where certain legal disciplines of a general or combined type are “immersed”.

For example, in Soviet times, political, philosophical, sociological aspects were integrated into one science - the theory of state and law. At present, several separate legal disciplines have emerged from this legal area: philosophy, encyclopedia of law.

Sectoral legal sciences haveapplied nature, they apply the basic patterns identified by the theory of state and law.

There are certain differences between the theory of state and law and other legal sciences. It considers legal and state phenomena in a complex, and other legal sciences have a narrow specialization.

For example, criminal law specializes in the criminal law protection of public relations. The subject of the branch research is executive and administrative activity, customs, arbitration process, tax system, nature management.

The theory of state and law is characterized by a comprehensive, combined approach to the consideration of legal and state processes and phenomena.

Its subject matter is considered to be all legal signs of law, which are taken together and interacting with each other.

It is she who is engaged in the development of general legal categories that have a universal character, then they are used by all other legal sciences. It is the theory of law that creates the basic legal worldview, analyzes the general, global features of the emergence and development of legal relationships within the state.

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