State and law, jurisprudence and procedural law

Signs of the methods of the theory of state and law are: contributing to the deepening of knowledge about the state and law, compliance with the concepts of law, the implementation of legal knowledge of the surrounding reality. All methods of the theory of state and law can be arranged in the following sequence: general methods; general scientific methods; private scientific methods. In the theory of state and law is used very widely.

General scientific and private scientific methods of the theory of law and state.

The method of science is understood as a set of principles, rules, techniques (methods) of scientific activity used to obtain true, objectively reflecting the reality of knowledge.

Signs of the methods of the theory of state and law are:

– contributing to the deepening of knowledge about the state and law,

- compliance with the concepts of law,

- implementation of legal knowledge of the surrounding reality.

All methods of the theory of state and law can be arranged in the following sequence:

– general methods;

– general scientific methods;

- private scientific methods.

1. General methods: dialectics and metaphysics are inherently philosophical, ideological approaches.

2. General scientific methods are the methods of scientific knowledge used in all or a number of areas of scientific knowledge. They do not cover all general scientific knowledge, but are applied only at individual stages, stages, in contrast to general methods. The main general scientific methods include: analysis, synthesis, systemic and functional approaches, etc.

1) Analysis - a method of scientific research, consisting in the decomposition of the whole into its component parts. In the theory of state and law is used very widely.

2) Synthesis, unlike the previous one, consists in the knowledge of the phenomenon as a whole. In the unity and interconnection of its parts. Analysis and synthesis, as a rule, are applied in unity.

3) Systematic approach - based on the use of the object as systems (orients the study to reveal the conditionality of the object and the mechanisms that provide it, to identify the diverse types of connections of the object itself and bring them into a single theoretical picture).

4) Functional approach - identifying the functions of some social phenomena in relation to others within a given society. So, analyzing in detail the functions of law and the state, legal consciousness, legal responsibility, etc. in relation to the individual, society as a whole, functional dependencies between various elements of the state and law are revealed.

3. Private scientific methods are methods that are the result of the assimilation by the theory of state and law, scientific achievements, technical, natural and related social sciences.

Among private scientific methods it is possible to allocate: concrete sociological; statistical; socio-legal experiment; mathematical; cybernetic modeling method; formal-logical; comparative legal, or method of comparative legal analysis.

1) The concrete sociological method considers questions of law and the state in connection with other facts of social life (economic, political, ideological, psychological). In law enforcement, specific sociological research is carried out, for example, when determining the causes of violations of law and order (in the form of a survey, questioning a detained offender). Questioning involves careful preparation: formulating a problem, developing hypotheses, preparing a questionnaire, choosing an appropriate circle of respondents, determining how to process the answers received, etc.

(option of legal regulation). Its purpose is to prevent damage that may result from making an erroneous decision.

2) The statistical method allows you to obtain quantitative indicators of a particular phenomenon. It is necessary for the study of state-legal phenomena that are massive and repetitive.

3) Socio-legal experiment is used mainly as a way to test scientific hypotheses. This is a test of one or another draft decision (option of legal regulation). Its purpose is to prevent damage that may result from making an erroneous decision. The specificity of this method determines the limited scope of its application in the field of criminal and criminal procedure law. The final stage of the socio-legal experiment is the creation of an experimental (experimental) norm. It can be considered as a prototype of the future rule of law.

4) Mathematical methods involve operating with quantitative characteristics. Mathematics is used in forensic science, forensics, in the qualification of crimes, lawmaking and other areas of legal activity.

5) Formal-logical, or formal-legal. To understand the nature of a legal norm, it is necessary to determine the logical structure - a hypothesis, a disposition, a sanction. For the correct qualification of an offense, it is important to establish its composition: object, objective side, subject and subjective side.

6) The comparative legal method is based on a comparison of various political and legal phenomena in the context of identifying their common and special properties. In legal science, this method is used primarily when comparing the legislation of two or more states.

As well as other works that may interest you
15793.		Rules for constructing statistical tables	25.5KB
	Rules for constructing statistical tables. Statistical tables must be built according to certain rules. The table should be compact and contain only those initial data that directly reflect the socio-economic phenomenon under study and
15794.		Rule of addition of variances	73.74KB
	The rule of addition of variances. Variation indicators can be used not only in the analysis of the variability of the studied trait, but also to assess the degree of impact of one trait on the variation of another trait, i.e. in the analysis of relationships between indicators. During the...
15795.		Subject method and theoretical foundations of statistics	14.61KB
	The subject of the method and the theoretical foundations of statistics
15796.		Properties of the arithmetic mean	49.34KB
	The most common type of average is the arithmetic average. Simple arithmetic mean: where xi is the value of the variable attribute; n is the number of population units. The basis for calculating this average is the primary record of the observation results.
15797.		Comparability of levels and closure of time series	15.16KB
	Comparability of levels and closing of time series It is impossible to analyze time series if incomparable data are given. The incompatibility of statistical data over time can be caused by the following reasons: the inflationary process; territorial changes...
15798.		Methods for establishing the value of the interval in the quantitative grouping	19.73KB
	Grouping is the sign by which the units of the population are divided into separate groups. It is often referred to as the base of the grouping. The grouping can be based on both quantitative and qualitative characteristics. When constructing
15799.		Standard deviation for an alternative feature	69.32KB
	Standard deviation for an alternative feature The standard deviation is defined as a generalized characteristic of the size of the variation of a feature in the aggregate. It is equal to the square root of the mean square of the deviations of the individual values ​​of pr
15800.		Average values ​​and their types	12.95KB
	Average values ​​and their types. The most common form of statistical indicators used in socio-economic research is the average value. The average value is a generalizing indicator expressing a typical level, the size of a varying pr

Read also: Personnel certification. Legislative basis. Goals, objectives and methods. Audit of the information security system at the facility as a basis for the preparation of organizational and legal measures. Its criteria, forms and methods. In the field of PR, there are two approaches to the definition of the object and subject of this phenomenon: instrumental and functional methods. Question 144. State control: concept, types and methods. Congenital glaucoma, its cardinal signs. Treatment of congenital glaucoma, terms and methods. State Financial Control: concept, goals, subject composition, forms, methods.

Any science is established as a specific branch of human knowledge when it develops its own method. One of the main problems of general linguistics is the problem of the methods of linguistics. The predominance of the corresponding method in a particular era largely determines the general character of the development of linguistic science. In modern linguistics, for many years there has been a dispute as to what time should date the emergence of the science of language and, accordingly, interpret it as an ancient or very young science. On this, at first sight scholastic, two points of view were expressed. The first of them led the history of the science of language from those distant times, when language first began to be involved in scientific consideration - naturally, by the methods and methods that science then had at its disposal. In Europe, the origin of the science of language dates back to classical antiquity, while in other countries and continents, such as, for example, in India, the origins of linguistics went even further - several centuries before our era. As for the second point of view, she dated the emergence of the science of language to a later time, and more precisely, to the first quarter of the 19th century, arguing that it was then that in the works of F. Bopp, R. Rusk, A. Kh. Vostokov and I Grimm developed a special method for studying and describing language, which the science of language did not have before, considering language in a complex of other - mainly philosophical - sciences. In other words, this second point of view connected the emergence of its own science with the emergence of a special method. Theorists of linguistics emphasize that one of the main signs of an established direction is the presence of its own method. It is the method that forms approaches to the analysis of linguistic facts and disciplines research. So, comparative studies developed as a result of the development of a comparative historical method, structuralism had in its arsenal a descriptive and transformational method, analysis according to NS, etc. Within the framework of functionalism, the field method is developed primarily. However, the method in relation to the theory is a secondary phenomenon. V. A. Zvegintsev rightly emphasizes: “Method itself is not a way of knowing an object, which is the main thing for any science. "gives out" empirical facts for testing and correcting the systems and hypotheses used in the theory. We emphasize that the theory of the method as such cannot be considered developed. Scientists analyzing this problem see three concepts in the method, and these concepts do not always intersect in the concepts. So, V. I. Kodukhov in the theory of method includes the following: 1. Method of cognition (philosophical method, method of cognition), 2. Set of research techniques (special methods), 3. Set of rules of analysis (methods of analysis). In the concept of B. A. Serebrennikov, the philosophical aspect is included in the theory of method, the system of the research method consists of: techniques, the content of which is determined by the linguistic foundations of the method, 3. A set of techniques and procedures. The second and third components of the constituent parts of the method in these concepts essentially coincide. For Yu. S. Stepanov, the developed system of the method includes three parts:

1. The question of how to identify new material and introduce it into scientific methodology ("methodology" in Soviet linguistics and "pre-linguistics" in American),

2. The question of how to systematize and explain this material ("method" in Soviet linguistics and "microlinguistics" in American),

3. The question of correlating and methods of correlating the already systematized and explained material with the data of related sciences and, above all, with philosophy ("methodology" in Soviet linguistics and "metalinguistics" in American). Yu. S. Stepanov divided all methods into general ones (“... generalized sets of theoretical attitudes, techniques, language research methods associated with a certain linguistic theory and general methodology”) and private (“individual techniques, techniques, operations based on certain theoretical attitudes, as a technical means, a tool for one or another aspect of the language.

Summarizing these concepts, we distinguish two main components in the method:

1. Theoretical substantiation of this approach to the analysis of linguistic and speech facts and

2. The research methodology that follows from it.

Let us turn to the first component of the modern linguistic method.

In modern linguistics, there is a change in scientific paradigms: a transition is being made from studying linguistic phenomena in statics to analyzing them in dynamics, in the process of functioning. This fact is due to the logic of the development of linguistics: in the XIX century. The main attention was paid to the origin of certain linguistic elements, in the middle of the 20th century. first of all, their structure was analyzed, it became necessary to consider these elements in dynamics, in the process of their use, functioning.

We emphasize that the methods, ensuring the unity and continuity of linguistic science, are closely interconnected, enriched by the methods and techniques of analysis inherent in other methods. So, the functional method actively uses the probabilistic-statistical method, the comparative-historical method - methods of structural research, etc.

Let's turn to the second component of the method. The application of specific techniques for analyzing factual material is based on methodology - a philosophical worldview that determines the path of understanding and cognition of the external world. Internal and external conditions for choosing one or another method are distinguished. In an external, objective study of facts, the researcher is spontaneously or consciously guided by such grounds as 1. The primary nature of the material and the secondary nature of consciousness, 2. The cognizability of the world, 3. Verification of the truth of scientific results and conclusions by practice, etc. The choice of research methods also depends on internal scientific factors, such as the volume of available factual material, the accumulated theoretical knowledge in a given scientific discipline, scientists' ideas about the object of analysis, the purpose of the study, etc. The unity of human knowledge leads to the fact that the ideas and methods by which major scientific discoveries are made in one field of knowledge often find successful application in other fields of knowledge. Yu. S. Stepanov warns against excessive enthusiasm for the methods and techniques of language analysis, and says that science faces a problem that needs to be solved from the standpoint of different sciences, using different methods. A large number of methods of analysis used indicates the active state of the scientific discipline, and the results obtained in this case have both theoretical and applied significance. Applied value can have data obtained through both traditional and modern methods. For example, descriptive grammars, explanatory and etymological dictionaries, language teaching methods are created using the descriptive method. The materials obtained during the description of the language with the help of traditional methods are widely used for educational and pedagogical purposes, and mathematical studies of the language, transformational grammars - for processing information in natural and artificial languages. Each of the methods sets its own particular tasks, but has the same goal - to obtain knowledge, and knowledge, provided that this is real knowledge, has the same value, regardless of the ways in which it was obtained. In this respect, it is like gold: to one it is given with incredible difficulty and even at the cost of life, while the other receives it without any effort as an inheritance from wealthy parents, but this does not affect the value of gold in any way. Such is the gold of knowledge. The achievements of traditional linguistics have brought to the science of language the well-deserved fame of being the most accurate of all social sciences. It is customary to single out general scientific (applicable in all or most sciences) and particular scientific (used in one branch of knowledge) research methods and techniques. The general scientific ones include, for example, induction, deduction, etc., the specific scientific ones include the comparative historical method, etc. The totality of the means and methods of cognition used by science constitutes the methodology of scientific research. Such a technique will, of course, be different depending on the chosen object of study. But its development and application also depend on the fundamental positions of the researcher in his approach to reality.

Introduction. 3

1. General scientific research methods. 4

1.1 Modeling. 4

1.2 System method. 5

1.3 Mathematical methods .. 6

2. Private scientific research methods. eight

2.1 Comparative method. eight

2.2 Cartographic method. nine

2.3 Historical method. 12

2.4 Geographic information systems.. 14

2.5 Aerial photo methods .. 15

2.6 Space methods.. 16

2.7 Phenological observations. 17

Conclusion. 20

Literature. 21

Introduction

When solving theoretical problems and practical problems in biogeography, a wide arsenal of geographical methods is used, among which comparative geographic and cartographic methods play an important role; this also requires a deep knowledge of the biological properties and ecology of plant and animal organisms, the ability to widely use data on the specific interactions of organisms and communities with each other and with the environment.

There are general scientific methods and particular scientific methods that are used by every science, including biogeography.

General scientific methods that are used in various fields of science, i.e. have a wide, interdisciplinary range of applications. These include:

1) modeling;

2) system analysis;

3) mathematical.

Private scientific (specific) - these are methods used only in a particular science. Among them, comparative, cartographic, historical, and the creation of geographic information systems are of great importance.

General scientific research methods

Modeling

Modeling of processes, connections, phenomena is widely used in biogeography. Striving for systematicity, geographers at all times excluded some of the phenomena from their field of vision. In the last 10 years, this has been done consciously, which is, in fact, modeling: after all, when scientists "select" only the main features of reality, they become clearer and more understandable about its structure, the mechanism of development.

Modeling - a simplified reproduction of reality, describing in a generalized form its essential features and relationships, is widely used in modern geography.

Mathematical modeling in community ecology is a rather extensive area of ​​research both in terms of the choice of modeling objects, and in terms of a set of methods, and in terms of the range of tasks to be solved. The review offered to the reader does not claim to cover all aspects of modeling. The attention of the authors is drawn to two classes of methods: modeling using differential equations and methods based on extremal principles of biology. If examples of variational models refer to a fairly wide range of plant and animal communities, then for approaches based on differential equations, in view of the vastness of the material, attention is focused on modeling communities of microorganisms.

Models of each of the methods, of course, have their own advantages and disadvantages. Thus, differential or difference equations make it possible to describe the dynamics of processes in real time, while variational methods, as a rule, predict only the final stationary state of the community. But on the way of imitations with the help of equations, difficulties arise, both of a fundamental and technical nature. The fundamental difficulty is that there are no systematic rules for deriving the equations themselves. The procedures for their compilation are based on semi-empirical patterns, plausible reasoning, analogies and the art of a fashion designer. Technical difficulties are associated with the high dimensionality of community modeling problems. For significantly multi-species communities that consume numerous resources, the selection of hundreds of coefficients and the analysis of systems from dozens of equations are required.

Depending on the purpose of modeling, two types of models can be distinguished: descriptive models and behavioral models.

The descriptive model provides information about the relationships between the most important ecosystem variables. This type of model is implemented by the methods of stochastic modeling based on the tools of probability theory and mathematical statistics. Separate static methods that do not take into account time as a variable (simple and multiple linear and non-linear correlation and regression; variance, discriminant and factorial types of analysis, parameter estimation methods), and dynamic methods that take into account the time variable (Fourier analysis, correlation and spectral analysis , weight and transfer functions) .

Behavior models describe systems during a transitional period from one state to another. To implement this category of models, they study: 1) the structure of signals at the input and output of the system; 2) the response of the system to specific test signals; 3) the internal structure of the system. The last point is implemented by analytical modeling, which is based on differential equations that describe cause-and-effect relationships in an ecosystem.

System method

"Nature must be considered as a whole if we are to understand the details." (Dokuchaev, Berg, Baransky, Saushkin). L. Bertalanffy - the creator of a systematic approach - in the late 40s. wrote: "The system is a complex of elements that are interconnected."

The most important concepts of systems theory include: integrity, structure, self-regulation, stability. The system approach allows not only to take a fresh look at the object as a whole, but also to characterize it quantitatively, to create its graphical model. This is the practical significance of systems methodology.

In the 60-70s. 20th century a systematic approach based on the general theory of systems began to penetrate geographical research. Works by A.D. Armand, V.S. Preobrazhensky, Yu.G. Puzachenko, A.Yu. Reteyuma, A.G. Isachenko, V.N. Solntseva, Yu.G. Saushkina and others (abroad even earlier in the USA, Switzerland - D. Harvey, R. Chorley). Such attention is not accidental. Indeed, in reality, any system (an integral complex of interconnected elements) is infinitely complex and we can only study a system obtained as a result of some abstraction from a real system. The systems approach is applicable to a wide range of geographical problems both in statistics (analysis of the elements that form the system, their relationships, structure) and in dynamics (retrospection, forecasting of changes, both spontaneous and purposeful). Allows you to evaluate the dynamics of the development of communities of living organisms in time and space, as well as their interaction with the natural environment.

Mathematical Methods

Obviously, mathematical methods are also needed. In science, they were brought to life by the desire to somehow express "in number and measure" the infinite combination of objects of nature, population, economy in certain territories. But mathematical methods in geography are especially successfully applied with a certain homogeneity of space, which is rare.

In the 60s. some geographers considered the introduction of "quantitative" mathematical methods into geography as a high road for its development. This was called the "quantitative revolution" in geography, and its proponents called themselves "quantitators". But already in the 70s, a rollback begins, because. the entire complexity of the objective reflection of the entire diversity of space and its elements is obvious only by the methods of mathematics.

In addition to the methods of mathematical statistics and probability theory, which are currently widely used in physical geography, mathematical analysis, set theory, graph theory, matrix algebra, etc. are also used. Especially high hopes are placed on the use of information-theoretic methods and cybernetics.

Until now, in geography, probabilistic-statistical methods are most widely used, which are necessary for analyzing observation protocols and systematizing actual data, i.e. at the empirical level of knowledge. However, when moving to a theoretical level, geographers are increasingly beginning to use mathematical and vector analysis, information theory and set theory, graph theory and pattern recognition theory, probability theory and the theory of finite automata to generalize and identify basic patterns. At the same time, the role of such cognitive operations as idealization, abstraction, and hypothesis increases sharply. Obtaining research results in the form of maps, graphs, mathematical formulas, etc. in fact, it is already a simulation.

Fundamental knowledge about the patterns of functioning of natural supraorganismal systems is obtained not only in specially organized and planned experiments, but also by analyzing environmental monitoring data obtained using standard methods. These data are accumulated over decades, can cover large areas, but do not always meet the requirements of metrology, statistical reproducibility, and other conditions that would make it possible to reasonably use traditional methods of mathematical statistics for their analysis.

An analysis of the environmental literature of recent years shows that in the analysis of multidimensional data arrays obtained in the course of the study of natural ecosystems, either classical statistical methods, such as analysis of variance and regression, or methods that are only formally related to statistical methods are most often used: factor analysis, cluster analysis. analysis, multidimensional scaling. Due to the fact that for all these methods there are now packages of applied computing programs (for example, SYSTAT, SPSS, STATISTICA, etc.), these methods have become available to a wide range of ecologists, who, as a rule, do not have adequate mathematical and statistical training. Meanwhile, the applicability of these methods to the analysis of environmental observation data (environmental monitoring), belonging to the category of the so-called. "passive experiments" seems quite problematic.

Further prospects for the development of a theoretical level in geography are associated with the use of mathematical and logical methods, as well as modeling and cybernetics methods.

Private scientific research methods

Comparative method

As Getner noted: "Comparison is one of the main logical methods of cognition ... cognition of any object and phenomenon begins with the fact that we distinguish it from all other objects and establish its similarities with related objects" .

The comparison method is one of the oldest traditional methods in science. It is important because it makes it possible to more fully and deeply understand the diversity of forms of communities of living organisms in individual development and in connection with the environment. The purpose of comparisons is to establish quantitative and qualitative indicators, their description and analysis in order to obtain conclusions about the spatio-temporal structure of natural-territorial systems, communities, their functioning, state and potential.

The comparative method is subdivided into:

proper comparative geographical (used in identifying and displaying qualitative and quantitative differences of objects and phenomena of the same name);

· geographical comparison (carried out by composition, structural relationships, genesis, type of functioning);

Comparison of the correspondence of the theoretical model to the objective development of geographical objects (used to establish patterns of spatial differentiation of objects, study their dynamics and development).

The practical goals of biogeography are closely connected with the tasks of general ecology and the earth sciences. The specificity of biogeography consists, on the one hand, in obtaining complex, conjugated data on the organic world of a particular territory, and, on the other hand, in a comparative geographical approach to the analysis and interpretation of these data. With its help, biogeography is capable, in principle, of predicting the results of various planned and accidental impacts on the biosphere. At the same time, biogeography acts, as it were, as an observer and interpreter of experiments set by nature itself. It is most often impossible to set up such experiments on purpose - it is either risky for the biosphere, or it takes many hundreds and even thousands of years to get a result.

The most developed private disciplines of biogeography are zoogeography and phytogeography (plant geography, botanical geography, geobotany). The geography of microorganisms is in its infancy due to the difficulty of studying the object itself.

Zoogeography and phytogeography clearly differ in objects, but the processes that determine distribution patterns for animals and plants have much in common. From this follows the fundamental similarity of goals and methods for these biogeographic disciplines, their synthesis within the framework of a single science.

Biogeographic synthesis is most justified in those sections of particular disciplines that study the distribution of complexes of organisms over a territory and the patterns of this distribution. Next comes the task of explaining the revealed patterns, which requires knowledge of current and past interactions between different groups of organisms, between them and the environment. Thus, the transition to a comparative geographical study of communities and ecosystems of different ranks is logically carried out, which seems to be the basis of biogeographic methodology. In reality, the researcher deals only with a limited set of species or groups, however, even here it is necessary to comprehend the material in biogeocenotic and ecosystem terms.

The comparative geographical method, when used creatively, makes it possible to analyze the similarities of distant and completely dissimilar territories.

To a certain extent, the method of analogues, widely used in various sciences, adjoins the comparative method. It consists in the fact that knowledge and data about a geographical object are derived from already established ideas about another, often similar object (territory).

General scientific and private scientific methods of cognition of the state and law.

The scope of application of general scientific methods is limited to the solution of certain cognitive tasks and does not cover all stages of scientific knowledge. General scientific methods - methods used at certain stages of scientific knowledge. 1 Analysis and synthesis - division of the whole into components, and their analysis (an example is the system of law: branches, sub-sectors, institutions, norms). Analysis, as a method of scientific thinking, reveals the structure of the GIS, fixes their constituent elements, and establishes the nature of the relationship between them. Synthesis is the study of a specific phenomenon in the unity of all its constituent parts. As a specific technique of scientific knowledge, TGP is used to summarize the data obtained as a result of the analysis of various properties and features of the phenomena being studied. Synthesizing the analytical knowledge of the individual elements of the G&P, we get an idea of ​​the G&P as a whole. 2 Systematic approach - studies the GIS, state-legal phenomena from the standpoint of their consistency. 3 Functional approach - clarification of the functions of the GIP, their elements. 4 The hermeneutic approach is the text of the norm, it is a document of the author's special worldview, and is interpreted from the standpoint of a modern researcher in a completely different way. Therefore, this method involves investing in the concepts under study exactly the content that their author meant. 5 Modeling - creation of models of state-legal phenomena and manipulation with these models. 6 Abstraction, subsuming a less general concept under a more general one, ascent from the abstract to the concrete - to philosophical laws and categories, the method of ascent from the abstract to the concrete and from the concrete to the abstract is directly adjacent. So, the process of cognition of the form G can move from the abstraction "form of the state" to its types - the form of government and the form of government, then to the varieties of these forms. With such an approach, the knowledge of the form G will be deepened, concretized, and the very concept will begin to be enriched with specific features and characteristics. When thinking moves from the concrete to the general, the abstract, a researcher can, for example, study criminal, administrative offenses, their properties and features, and then formulate a general (abstract) concept of an offense.

Knowledge and skillful use of general scientific methods does not exclude, but, on the contrary, presupposes the use of special and particular methods of cognition of state-legal phenomena. Traditional for legal science 1 formal legal method. The study of the internal structure of legal norms and law in general, the analysis of sources (forms of law), the formal certainty of law as its most important property, the methods for systematizing normative material, the rules of legal technique, etc. - all these are concrete manifestations of the formal legal method. It is also applicable in the analysis of G forms, in determining and legalizing the competence of G bodies, etc. In a word, the formal-legal method follows from the very nature of the G&P, it helps to describe, classify and systematize state-legal phenomena, to explore their external and internal forms. 2 In addition, science must take into account historical traditions, the socio-cultural roots of G and P. The foregoing determines the use of the historical method in the cognition of state-legal phenomena. 3 Method of specific sociological research - collection, analysis and processing of legal information. Identification of the social conditionality of legal norms, the prestige of law in society. The concrete sociological method makes it possible to establish and measure the role of social factors, their influence on the state-legal development of society. 4 Statistical - used in the study of the effectiveness of the law. This is an analysis of quantitative indicators. Used for phenomena that are massive and repetitive. 5 Cybernetic - used for automated processing, storage, search for legal information (for example, an approach to controlled processes taking into account feedback, mandatory compliance with the "diversity" of the control and managed systems, etc.). 6 Comparative legal - based on comparing something "legal" with something "legal". Conditions: the compared values ​​must be a) legal b) equivalent (you can not compare the US Constitution and mononorms). Comparison can be micro (comparison of institutions), macro (in the whole system of law). 7 Modeling - creation of models of state-legal phenomena and manipulation with these models. 8 Socio-legal experiment - the creation of an experimental order of state-legal phenomena and verification of their "actions" in specific conditions.

The theory of state and law in the system of legal sciences. The subject of the theory of state and law

Theory of Law and State- this is a social science about the laws of the emergence, development and functioning of law, legal consciousness and the state in general, about the types of law and the state, in particular about their class-political and universal essence, content, forms, functions and results.

As a science that studies the theory of state and law at the same time, it is difficult to call it a single one: there are separately existing theory of the state (the general doctrine of the state - studies the origin of the state, types, forms, elements (structure) and functions of the state, as well as the prospects of the state) and the theory of law that studies predominantly issues of legal dogma (sources of law, types of legal norms, lawmaking and law enforcement, legal technique, conflicts of legal norms, interpretation of law, legal responsibility, etc.).

The complexity of such objects as law and the state leads to the fact that they are studied by many legal sciences. The latter study this or that side, elements and features of state-legal reality in a certain aspect, at a certain level. Law and the state as complex social phenomena incorporate a large number of components and subsystems of different quality. Their functions are multifaceted, their structures are complex. Depending on which of these components, subsystems, structures and functions or their aspects and levels are studied, and legal sciences are subdivided.

Branch and special legal sciences are engaged in research, as a rule, in which one area, or directions of the sphere of state or legal life. In contrast, the theory of law and the state deals with general specific patterns of development of law and the state.

Studying law and the state as a whole, state-legal theory is not limited to the analysis of the experience of any country, or a separate region, or direction of state-legal life, but based on the study of law and the state of different historical eras, all areas and directions of state-legal reality determines the general and specific patterns of their development, the main features and important characteristic features. Without a general scientific concept of the essence, content and form of law, the field and institution of law, the system and systematics of rules, the norms of law and legal relations, etc. no area of ​​legal science will be able to develop effectively, counting on socially significant results.

The general theory of law and state generalizes, synthesizes and systematizes the conclusions of industry knowledge, including them in the arsenal of its own scientific ideas. This does not mean that the conclusions of the theory are reduced to the totality of the latter.

The theory of law and state is a fundamental science in all legal parameters, hence the great importance of its categories and concepts for branch legal disciplines. Without their assimilation, it is impossible to understand more specific, empirical knowledge about the state and law used by the main legal sciences. Scientific research in the theory of state and law is carried out not for a single country and not for any one historical era, but with an orientation towards the most developed forms of law and statehood at the moment.

The theory of state and law is predominantly Russian (post-Soviet, and earlier - Soviet science).

Subject of Theory of State and Law- these are the most general laws of the emergence, development and functioning of law and the state. Basic state-legal concepts common to all legal science. Law-making, law enforcement and interpretation practice, as well as forecasts and practical recommendations for the improvement and development of law.

Morality, religion, custom, political system, public consciousness, economics, etc. are closely related to the phenomena of state-legal life.

The subject of the study is a specific range of problems, the side of objective reality studied by this science.

A feature of the subject of the theory of state and law is that the state and law are studied in conjunction, as social institutions that complement each other. The subject of the science of TGP is the general and specific patterns of the emergence and development of the state and law.

It is important to distinguish the subject of science from the object, which is understood as a certain part of the reality surrounding a person. The object of the theory of state and law is the state and law, which are also studied by other sciences, such as: History of the state and law of foreign countries, History of the domestic state and law, etc.

Methodology of the theory of state and law. General scientific and particular scientific methods of cognition

Methodology of the theory of state and law is a set of special techniques, methods, means of scientific knowledge of reality. If the subject of science shows what science studies, then the method - how, in what way it does it.

The methodology of the science of the theory of state and law is based on the principle of objective truth, which puts the development of objectively reliable scientific knowledge at the forefront. The study of the state and law is built from various philosophical, philosophical and ideological positions.

Among the private methods of the theory of state and law are:

· method of comparative law - comparison of state-legal phenomena of different communities (macro-comparison) or within only one community (micro-comparison), identification of common patterns and specifics of their development;

The method of historical jurisprudence - state-legal phenomena are considered in dynamics, from the moment of their occurrence up to the present time;

· the method of analysis and synthesis - the processes of mental decomposition of the whole into its constituent parts and the reunification of the whole from the parts, as well as the classification of objects of study;

· sociological method - observation, questioning, statistical analysis, collection and mathematical processing of initial data, for example, in the law enforcement sphere, state-legal experiment;

· formal-legal method - research and interpretation of normative material, texts of sources of law.

The method of science is knowledge by which new knowledge is obtained. These are the techniques and methods by which the subject of science is studied. The method of science is the way of studying on which the given science is based. In the theory of state and law, general scientific, special and private scientific methods are used.

General scientific methods:

Induction

· Analogy

Abstraction

· Simulation

Comparison

Specification

Special methods:

Systemic: focuses on the interaction of phenomena, their unity and integrity.

· Structural-functional: determination of the place, role and functions of each element of the system.

· Comparative: comparison of the state of law, their elements with other homogeneous phenomena.

· Sociological: establishing links between the state and law with other social phenomena, the most important place among which belongs specifically to sociological methods (observation, survey, modeling).

· Psychological: the study mainly of legal behavior.

· Statistical: operating with quantitative values.

· Historical: the study of patterns in the development of law and the state.

Private law methods:

formal legal: allows you to define legal concepts, identify their features, classify, interpret the content of legal regulations, etc.; is traditional, characteristic of legal science, emerging from its nature.

Comparative legal: allows you to compare different legal systems or their individual elements - laws, legal practice, etc., in order to identify their common and special properties. It is important, since reforming and improving state legal practice is impossible without comparing similar objects that exist simultaneously or are separated by known ones: on the basis of inference, a legal model of a legal phenomenon is created. The model is taken as a standard and is a starting point for evaluating a real-life object.