Legal science occupies a special place in the system of social sciences. The right in recalculation on a daily life can be considered as ordinary affairs which assume the coordination of various interests.
The system of jurisprudence includes laws, government regulations, court decisions, advocacy documents, the activities of investigators, notaries, judges, legislators.
Law has been studied since antiquity, and nowit is used to solve practical purposes. The theory of law in the system of legal sciences is studied in specialized colleges, universities, and other educational institutions. This allows us to explain the meaning of laws, the options for their application in specific situations to future lawyers, judges, prosecutors.
It is considered a social outlook andtheoretical science. Legal science in the system of humanitarian disciplines is aimed at the realization of the norms of law, increasing the effectiveness of their use. It is she who explains the basic laws of the development of law and the state, their functions, value, social significance.
At present, the system of legal sciences includes several branches:
The facts of the emergence, improvement of law and the state are considered within the framework of the course "History of State and Law".
Jurisprudence is not only an ideological, theoretical, but also an applied science.
Numerous rights in the legal system occupy a separate place, are an important aspect of the activities of lawyers, prosecutors, other representatives of this complex system.
Of particular importance at the present time is analysisthe problems of the formation of the rule of law, ways to strengthen discipline, modernize the state, change the functioning of law enforcement organizations.
The modern system of legal sciences is aimed at identifying the main causes of crime growth, a variety of offenses, the search for effective measures to reduce their numbers.
Jurisprudence studieslegal truths that do not need proof. Many ideas, regulations, axioms were created in ancient times, but they have not lost their relevance at the present time.
State and law are considered complexsocial phenomena, there are many subsystems and additional components in their composition. Their functions are so multifaceted, complex, that they imply serious study and analysis.
The concept and system of jurisprudence have an interesting history. In Russia, all problems related to jurisprudence are considered in the framework of three groups of disciplines:
It is the task of legal science to include activities aimed at developing certain knowledge related to law and the state.
Lawyers are considered to be those professionals who are preparing for the practical use of such information, and the area of knowledge is considered a jurisprudence.
In the practical work of modernforensic experts, a special classification of blood traces, which was proposed by LV Stanislavsky, was widely spread. He argued that it was first necessary to study in detail all the elements of the tracks, only after that go to an assessment of their combination. It is forensic science in the system of legal sciences that occupies a separate place, allows establishing the involvement of certain people in crimes: murders, damage to property, theft of personal belongings.
The system of legal sciences performs certainfunction. Analytical role is to study the adopted legislation, its periodic interpretation and consideration. For example, a lawyer finds out the meaning of a specific law, carefully examines its content. In real practice, the lawmaker's plans 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, checking the implementation of the objective of the law.
To do this, various sociological surveys are conducted, the attitude of society to legislative initiatives is assessed.
The constructive function determines the place of the theorystate in the system of legal sciences. The results obtained by legal experts allow carrying out the reform of legislation, making changes to the existing laws.
There is their division into parts.At present, it is customary to allocate constitutional (state) law, civil law, and administrative law. Depending on the needs of jurisprudence, there is a theoretical basis for this science, in which there are also many branches.
For example, highlight the history of domestic jurisprudence, international industries.
The law is engaged in the study of a whole complex of legal sciences, which are called jurisprudence.
A special place in jurisprudence belongs to the theoryrights. This science is considered conceptual, theoretical. It is aimed at studying the essence and content of law, its structure, constituent elements, features of action, as well as on general issues of jurisprudence.
On the basis of the theory of law, separate parts of the legislation function: criminal, civil, procedural, labor law.
This system is divided into three major groups: sectoral, theoretical-historical, special. Let us consider each of these groups in more detail.
Historical and theoretical sciences consider the theory of the state and rights, the history of the state, law, etc.
The branch legal sciences consider financial, administrative, criminal, labor law.
As a special legal science, specialists consider forensic medicine, criminology, forensic accounting, psychology.
A full range of legal sciences presupposes an additional allocation:
There are other variants of classification thatare associated with the subjectivity of opinions of individual authors. For example, someone in the historical and legal cycle includes Muslim and Roman law or separates the civil and legal form of family, civil law.
Due to a significant deterioration in environmentalsituation on our planet, a separate section appeared in jurisprudence - environmental law. Lawyers specializing in this field control the implementation of the norms of environmental legislation by large enterprises and chemical plants.
The transition of the economies of many countries to market relations, caused the training of lawyers in tax, commercial, exchange law.
At present, there is a significantcomplication of legal relations, there was a need to assess the legality of registration of mortgage, mortgage, privatization of residential and commercial real estate.
At the present time, the sphere ofcivil law, the number of individual freedoms and human rights has increased. This leads to an increase in the number of citizens who seek the advice and assistance of legal practitioners.
Branch and special disciplines of jurisprudencecarry out certain studies in a particular area, sphere of legal or state activity. The theory of state and law analyzes the general specific laws governing the formation of the state and law.
It acts as an original reservoir, where certain legal disciplines of general or combined type are "immersed".
For example, during the Soviet era, 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 field: philosophy, the encyclopedia of law.
Sectoral legal science has an applied character, they apply the basic laws revealed by the theory of state and law.
There are certain differences in the theoryState and law from other legal sciences. It considers legal and state phenomena in a complex, and the remaining legal sciences have a narrow specialization.
For example, criminal law specializes incriminal legal protection of public relations. As a subject of sectoral 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.
All legal features of law are considered to be its subject matter, which are taken together and interact with each other.
It is she who develops general legalcategories 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 outlook, analyzes the general, global features of the emergence and development of legal relationships within the state.