1.1. Subject and Method Theory of State and Law
The object and the subject of science theory of state and lawEvery science has its own object and subject of study. Under the object of science is commonly understood as a particular area of objective reality, a single side of the real world in all its diversity of its manifestations – objects, processes, events, etc., which is engaged in the study of science. In other words, the object is what is being studied in science. The concept of the object makes it possible to distinguish between «areas of interest» in the various branches of scientific knowledge. The object of legal science includes the state and the law, the state-legal practice, as well as socio-political and other non-legal practice in the extent to which it affects the formation and development of state-legal phenomena.
This wording reflects the essence of the object of study, not only of law in general, but also of all private juridical science, including theory of law. However, each individual legal science examines the object of knowledge in a special way, considering it from a particular party. Specificity of a particular object of knowledge reflects the concept of a separate science subject of science. Under the subject of science to understand the system of specific laws and material properties of the object studied in a separate branch of knowledge.
Features of the subject theory of law in comparison with other legal disciplines are as follows.
Firstly, the theory of state and law explores the most common, basic, essential laws of the state and legal life. It examines the state and the law in general, in the most general form, reveals the general laws of their origin, historical development, operation and interaction, shows the steady deep connections between phenomena public and legal life.
Second, the theory of state and law explores the most important, required properties of the state and legal phenomena, revealing their nature and purpose in society. This science produces knowledge about the nature of phenomena such as, for example, the government, the state mechanism, the political system of society, law, legal norm, the legal system, sources of law, legal relations, etc… By disclosing their basic, natural, sustainable properties.
Third, the specificity of the subject theory of law lies in his double unity. The subject of science combines both state and legal phenomena of social life, state and law are studied in unity, in the relationship and interaction. This aspect of the study is related to the fact that the state and the law in real life are closely interrelated and complementary social institutions.
Fourth, the knowledge accumulated by the theory of the state and law is not simply a set of informal, namely theory, t. E. A logically consistent system of views on the state-legal u society, comprehensively explaining all Substantive and regular in it.
The general methods of knowledge of state-legal phenomenaUnder the method of scientific research to understand specific techniques, the way activity, used to obtain scientific knowledge. When talking about the method of science, it usually refers to the entire set of techniques and tools used in the study of an object.
