Law - what is it? Right, law. Institute of jurisprudence

For a long period of scientific practice, which lasted thousands of years, experts came to the conclusion that under the law you need to understand the science that investigates the law and the state. It is a kind of theoretical form and method of production and improvement of legal knowledge. At the same time it is a set of common in the society information about the law.

The Origins of science

In the days of Ancient Rome, the law denominates as a separate science (about 3rd century BC). Then living scientist Celsus defined it as ars boni et aequi, in Latin language – “the art of good and equivalent of balance of fairness, consistency, proportionality". But there was another opinion: lawyer Ulpianus claimed that the science of this - "legal and illegal". Many of us now can not reliably explain the literal meaning of the definition of “law”: what it is and why it is needed. In the strict sense of the word and exact translation of the Latin term consists of two parts: “juris” — right and "prudential” — knowledge, science, i.e., science involves studying law, which is taught in the academic environment of educational institutions. Although the Roman law, first felt the influence of the reasoning of the Greek legal and political Sciences, later became the starting point for the establishment and development of European type of this science as the middle Ages and New time. Along with this circumstance it arose in Russia.

Right on Russ

The Development of domestic jurisprudence begins with the formation of the Moscow and St. Petersburg universities in 1755 and 1819, respectively. According to E. V. Kuznetsov, fundamental basis of the Russian law laid domestic universities, making the subsequent history of the development of this science in our country cannot be separated from the development of these educational institutions. At first, the teaching of legal disciplines was conducted with the participation of foreign professors. Over time, were adopted and domestic experts. One of the first Professor of law, S. E. Desnitsky, thanks to the development of Russian science made a significant contribution to the definition of the term “law”. That it is a separate discipline, experts realized it was thanks to him.

Bookmark and organise the theoretical foundations of Russian law is closely intertwined with the ideas of B. A. kistyakovsky, L. Petrazhitsky, S. A. Muromtsev, F. V. Taranovsky, P. I. Novgorodtsev, and others. the Emergence of a network of industry specific disciplines contributed to the works of N. With. By Tagantsev - “Russian criminal law" in 2 volumes, 1902, N.M. Korkunova – «Russian state law" in 2 volumes, 1893, G. F. Shershenevich – “the Textbook of Russian civil law" of 1907, "a Textbook of commercial law”, 1914

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Properties exercises

What do we know in a theoretical sense about such discipline as the law? What it is - an independent branch of science, which requires the definition of its subject and method of learning. Here you can specify that the objects are right and that the state, as a subject – their fundamental properties. The law has significantly expanded in the interaction with sociology and psychology, political theory and ethics. This expansion is due to the fact that the above disciplines intersect with objects in turn are closely associated with the right. And if in itself the doctrine is intended to delimit the cognition of law from close in meaning branches it is because of the desire to avoid the phenomenon of methodological syncretism. It is able to distort the essence of law and to erase the natural boundaries (see rather: "the Pure theory of law" Hans Kelsen, 1988). As with any science, law has only one subject. In this context, two markedly different objects - the right and the state are investigated and studied as two essential components.

System of the science of law

The Law — what is it? This is a set of theoretical knowledge about the laws, various rights and responsibilities, the relationship between citizens and government. It involves the ability to apply the acquired knowledge in practice, it conducted the proceedings, debates, disputes are resolved. Among the functions of law there are basic directions of theoretical comprehension of the law. Its system consists of a combination of Sciences, comprehensively studying the law. In addition, these doctrines form a typical static structure. In General terms it looks as follows.

• Industrial science – law constitutional, administrative, civil, criminal, labour, etc.

• Theoretical – theory and history of state and law, history of political and legal disciplines.

• Intersectoral – environmental law, judicial system, etc.

• Science of comparative law.

• Discipline of international law – public international, private international, space, etc.

• Applied a legal doctrine – legal psychology, criminalistics, criminology, forensic medicine, etc.

The Development of legal thought

The Essence of the law is riddled with conflict between two opposite types of legal thinking - legistskoe (totalitarian) and legal. These two main types correspond to two different concepts of science. If law emanates from the distinction of law and relies on intelegentsii understanding, it refers to the legal class exercises. Conversely, if the identification of law and a point of support on legistskoe the interpretation refers to the totalitarian type. The actual development of thought inherent in legal pluralism and the interaction of different views and opinions. They are located between the two poles of understanding, but there are a bizarre combination of typologically different ideas. However, this is not depreciating the law, training which leads to its understanding as a science, because ultimately it is the specific type of theoretical interpretation determines the meaning of his method in the role of the discipline of law and state.

The Concept of the Institute

The law applies such term as “Institute”. It means a set of rules involving one or more intersecting relations. These circumstances, not being accidental formations of the legislator, and identifying specific and inevitable connection of the component parts, due to the structure of the phenomena of life (ethical, economic, social), amenable to a detailed study of the classification, allowing to establish between the norms of domestic dependence that brings them to the same factors of formation. The study of the legal relationship takes place by means of location on a subordinate or topolcianky groups. All of these groups called the Institute. For example, talking about the Institute of contract, inheritance, property, family. Also, there are more small that are included with any of the above. Institute of law - not so permanent type of legal relationship, but merely a compilation of rules relevant for a given time span.

Legal specialization

Having legal knowledge and its application, lawyers to promote the rule of law and the impact of the control over observance of norms of the law in all spheres of society. To master the Foundation, the basis of knowledge in this field, you need to undergo training offered by the law universities in this direction. The degree of teaching the necessary disciplines varies with time and loads, among which there are training options for a period of five or six years (optional - advanced master's courses (2 years)).

In law there are several specializations. They are distinguished by the set of disciplines, which has a definite influence on the choice of future profession student eligible. The law is distributed in the following specializations: public law, international law, civil law and criminal law. In this category are also studied another kind of discipline: international law, human rights, international security, etc.

Law society

The Legal culture is considered to be one of the forms where in one way or another sometimes presents the culture of our society. Law – specialty wide format. Study, investigation and application of legal relations inevitably rests on a fundamental conceptual characteristics of the modern developed society (the ratio of sociology and cultural studies). Legal responsibility – a kind of social guarantee, which is in the field of psychology. It all boils down to the nature of the relationship of individuals to the laws of the state. As a rule, a man caught in a difficult situation, is unlikely to be able to understand the huge number of legislative acts to select the most suitable ones to apply in their favor. For there lawyers that had done such work. The law helps them to adequately handle the innovations in the legislation, is competent to advise and assist applicants for legal services to a specific person.