Functions of TGP. Functions and problems of the theory of state and law

Any science, along with methods, system and concept, performs certain functions - the main lines of activity, designed to solve the tasks and achieve certain goals. In this article we will talk about the functions of TGP.

Ontology

The system of the theory of state and law primarily includes not only the basic terms, but also the most important functions, the first place among which belongs ontological.

Science ontology is a doctrine of being and being, which constitutes the material basis of the modern world. This function is closely related to the discipline called philosophy. Ontological function is the first and starting point in the study of fundamental legal science. Ontology in the modern sense is called the doctrine of being. The significance of the ontological function lies in the study of the principles and foundations of the present life, understanding of the world, its structure, and also all life patterns, for the state and law have precisely the above-named sources.

Gnoseology: Theory of Knowledge

Now consider the meaning of epistemology as a function of TGP. It consists in the study of numerous concepts related to the nature of the state and law, their impact on society, the relations of citizens to these "novellas" and so on. Due to its development, the main functions of TGPs do not simply exist in theory, but find their application in practice. The existence of this function largely explains the emergence of all kinds of theoretical constructions, techniques that promote the development of both individual and group legal knowledge.

Finding the truth

It is important to classify the functions of the state. TGP as a fundamental legal science, as a rule, shares all functions in the areas of activity. Thus, one more direction - heuristic - has the right to exist.

Heuristics call the art of finding truth and seeking new discoveries. It is important to note that this direction calls on all the other functions of the TGP not only to engage in the cognition and explanation of activities, being, the world and constructions, but also to make new discoveries. Modern research along with unexplored theories should contribute to the creation of new legal mechanisms, including those useful for the Russian state with a market economy.

Methodology as a science and function

The functions of the TGP are inextricably linked with the science of methodology. This discipline is affected in one way or another in any kind of scientific activity. Methodology is the science of methods, and methods are ways and means of achieving the goals and tasks assigned.

The peculiarity of the methodological function lies in the fact that, in relation to other sciences, the theory of state and law is fundamental and fundamental. Its role is to determine the level of the branch sciences directly related to jurisprudence. Moreover, the methodology allows you to give a particular discipline a logical and theoretical integrity.

The main function of the development of the main legal science is the functions of the state. TGP, thanks to the methodological direction of activity, forms those ideas and conclusions that are relevant for all legal sciences in general. It is important to note that these thoughts are the "foundational foundation", the "supporting structure" for general and special branch disciplines.

Political direction

Political struggle and sharp world discussions will always be present on the international arena. The term "politics" denoted the art of governing the state, and at the same time society. That is why the functions of law (TGP) include the political direction of their activity. For a long time it is believed that the one to whom the state power belongs, decides and bears responsibility for all affairs of state education. The above function is implemented thanks to the state. Management.

That is why the oldest crown of human development - the management of the people, should be studied with the help of the political function of the state. TGP with its help forms scientific postulates and bases of administrative activity. Here, both domestic and foreign policy are studied.

Ideological direction

Functions of the TGP contain an ideological term in their composition. The scientific theory provides the following definition of ideology: these are basic, fundamental ideas that represent a single system of concepts, ideas, scientific and practical views. On the basis of the above-mentioned elements, a life position is formed, and on the same level as the worldview. The ideology "ripens" both in the individual person, and in the group of people in general, and later in the whole society.

It is important to note that neither the people nor the state can do without certain ideological attitudes and motives that orient the individual to further existence and further activity. As historical practice shows, the period of the state or social crisis is inseparably linked with the loss of ideological views, attitudes, orientations and lack of spirituality. As for the ideological function of the state, the TGP brings all ideas and theories about the emergence of law and statehood into a single system, and also creates a theoretical basis for thinking about the processes taking place in real life.

Practical and organizational functions

Contains in the theoretical structure of the basic legal science the practical and organizational functions of law. TGP as a science and academic discipline is a theoretical basis for the development of recommendations and solutions to existing problems. Moreover, the theory offered by scientists in scientific publications, one way or another, is inseparably linked with practical activity. So, over time, theories of the state-legal mechanism of functioning are created, which are necessary in the crisis periods of the development of society. However, analyzing the practical-organizational function, it is important to note its low efficiency in many issues of activity.

Forecasts and forecasting

This line of activity is directly related to the analysis, which is mandatory in all basic and applied legal sciences.

As a rule, thanks to the prognostic function, scientists of the past and modern figures put forward hypotheses about the development of statehood, law and society behavior in the context of qualitatively new transformations. The truth of the proposed postulates is ultimately tested in practice.

The importance of scientific forecasting of the theory of law lies in the fact that modern society can look into the future of its state and, possibly, make further improvements to its fate. To date, scientific confidence in the "tomorrow" has been scientifically proven in the presence of a certain forecast. Of course, it is impossible to create theories of further development from scratch, any conclusions must necessarily be supported by facts, analysis and research results.

Studying and analyzing the functions of the state and law, it is necessary to take into account that their effectiveness is largely due to the inextricable relationship between each other. Thus, epistemological or political functions are important only as part of a coherent system called the state. And in conclusion it is impossible not to mention the fact that the structure and functions of the TGP represent a solid system of interrelated elements designed to achieve the goals and objectives.

Theory of State and Law: Actual Problems

Actual problems of the theory of state and law existed even in ancient statehood. So, Roman lawyers and Greek thinkers: Democritus, Aristotle, Plato, Cicero and others - thought about the interaction of law, law and the state. This problem to this day is the central object of controversy and reflection.

Problems of the theory of state and law represent the following approaches to understanding:

1. Law - this is all official sources, which fix the operation of the rule. The first position speaks of the inextricable relationship between law and state power, which is the source of the "birth" of a rule.
2. The law may or may not contain legal norms. The second point of view suggests that the law, which is adopted by the proper subject, in the proper form in compliance with all necessary procedures, can also be recognized by law, but the right to recognize it in no way can. Such an act is called "illegal law".

To date, there is no definite position that calls for adherence to one or another point of view. In defense of the first and second opinion, sufficient evidence is provided, capable of entice even the most ardent patron. As for Russian legal scholars, VS Nersesyants notes that only the law that is a source of positive norms that does not violate the interests and vital principles of society is considered law.