The object and subject of the theory of state and law: the concept and relationship with each other

The object and subject of the theory of state and law, as in any other science, are its obligatory components. In this case, the former is generally defined asa concrete component of reality, existing independently of the consciousness and will of the knowing subject. The second is the knowledge, revealed and revealed by him in the process of intellectual activity, as well as the fundamental, deep connections and regularities reflected in his consciousness.

Thus, to define an object meansto establish what exactly this science is studying, to determine the range of relations in society, phenomena, institutions, the study of which it is engaged. Further in the article we will consider what is the object and subject of the theory of state and law. Already by name you can guess what this science is studying. However, the state and law are phenomena that lie in the field of research and other branches of knowledge, for example, political science, philosophy, sociology, etc. What is the difference?

Subject of science

The subject of this science is traditionallythe most specific general patterns relating to the emergence of phenomena of a state-legal nature, their existence, development and functioning. Relying on other fields of knowledge, the theory of law and the state (TGP) formulates categories, concepts, constructions and models of those or other (specific) legal phenomena. At the same time, it faces the task of studying not all but the most general laws.

Opinion of scientists

Professor Marchenko, MN, when examining the issue that he is studying the subject of the theory of state and law, calls the seven blocks of social relations under investigation:

• general patterns of the formation of the state, law, their emergence and development;
• the relationship between law and the state;
• the inherent characteristics, essence, forms, features and content;
• role, as well as a place in the life of society and the existing political system of law and the state;
• legislative process;
• legal awareness, law, constitutionality and legality;
• lawful behavior, offenses and the responsibility that comes with them.

The object and subject of the theory of state and lawis discussed in many scientific works. For example, Professor Babaev VK also has his own view. He defines the subject as general laws governing the functioning of law, the state, their origin and development, structure, essence, institutions and basic elements. His definition is more detailed, but the position does not contradict that of other scientists.

Subjective and objective elements

The subject of this science is characterized by a verycomplex interaction of two groups of its elements: objective and subjective. The presence of the former is due to the fact that the science of TGP deals with the cognition of objectively existing reality (state-legal). However, at the same time the subject is subjective, as it has differences from reality, creating its model as an average, idealized, perfect category of phenomena of a state-legal nature. Subjects of the cognitive process are people who have their own worldview, their own scientific and philosophical preferences, their individual level of education and accumulated experience. Therefore, every researcher, in the process of studying, however, always introduces elements of subjectivity.

The subject, the object of studying the theory of the state, law is closely interrelated and correlated as a whole and its part, and therefore should be considered inextricably from each other.

About the object

In the science of the state and law apart from the subjectallocate and the object. Categories have differences. The criterion that separates the object and subject of the theory of state and law from each other in terms of meaning and content is the inclusion of state-legal nature in the process of cognition. Among theorists, there are different views on this issue.

So, Syrykh V.M. considers the object as the basis, the starting point of scientific knowledge, and refers to it all political and legal phenomena, namely: law, state, offenses, legal relations, specific historical conditions for their existence, the psychology of citizens, their real behavior and their own assessment, and a look at the law in force, the activities of state bodies.

Professor Polyakov A.V. proceeds from the fact that the object of science is what its cognitive activity is aimed at, and the subject is the totality of the acquired knowledge.

The object and subject of the theory of state and law: the problems of correlation

Under the object of science (in the general sense) recognizean abstract reality included in the cognitive process and existing independently of human consciousness. This is a broader concept than the subject, which, in fact, is its concretized part. In many social sciences, the object is the law and the state. However, they have different subjects. They are a certain side of the state-legal reality.

The coincidence of the object and part of the object can beto explain by the fact that all spheres of life of modern society (spiritual, economic, political) have relative independence. In real life, they closely interact and intersect, and therefore difficult to distinguish. Such features have an object and subject of science.

The theory of state and law is also an educationaldiscipline. It is important to understand the differences that exist with this. As a science, it is a system of knowledge about law and the state, their deep, fundamental properties and correlation with other phenomena and sciences. If it is a discipline, it is a system of knowledge that is required for further study of the phenomenon of a state-legal nature.

Levels of TGP

In each science there are 2 levels: empirical and theoretical. The first is connected with obtaining certain facts (data, information) as a result of scientific research. However, not all of them are important for science. Important only those that are interpreted, interpreted in the categories of a particular theory.

Thus, the level of empirical withouttheoretical can not exist, they are closely interrelated. The latter is a system of knowledge about regularities, stable and deep connections and properties of the studied objects, which are generalized in scientific categories and concepts.