CC BY
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УДК 322
Хакимов А.А., к филос. н.
доцент
кафедра «Истории Узбекистана»
Хакимов Д.А. преподаватель кафедра «Социальный науки» Наманганский инжинерно педагогический институт
Узбекистан, г. Наманган МЕСТО ТЕОРИИ ГОСУДАРСТВА И ПРАВА В СИСТЕМЕ НАУК
Аннотация: Данная статья посвящена изучению роли и места теории государства и права в системе наук
Ключевые слова: общество, человек, социальные отношения, институты, Юридические науки
THE PLACE OF THE THEORY OF THE STATE AND THE RIGHT IN THE SYSTEM OF SCIENCES
Abstract: This article is devoted to the study of the role and place of the theory of state and law in the system of sciences
Keywords: society, person, social relations, institutes, Jurisprudence
Scientific disciplines, forming in their totality the system of science as a whole, can be divided into three large groups:
• Technical;
• natural;
• Humanities.
Humanities study society, people, social relations and institutions.
The significant influence of the state and the right on the weight of the side of public life calls for the study of this phenomenon by many humanitarian sciences (philosophy, political science, economic theory). However, for the named sciences this research is not the main one. Thus, philosophy, analyzing the laws of the development of nature, society and human thinking, determines the place and role of state-legal phenomena in the general historical process. Economic theory examines the impact of these phenomena on the economic sphere, since a spontaneously developing economy can bring the greatest harm to society. Political science is studying the influence of the state and law on the political environment.
Between the humanities and the theory of state and law, there are not only direct, but also inverse relations, in which theory enjoys the achievements of these sciences. It includes in its scientific arsenal the possibilities of philosophical categories, knowledge of social, economic and political laws, as well as socio-psychological patterns of human behavior. In turn, the theory of state and law becomes a kind of mathematics for the humanities. With the help of precise
designs, she conveys her conclusions about the patterns of development of state and legal phenomena for use by other humanities.
Consequently, the theory of state and law, being in the system of the humanities, closely interacts with philosophy, sociology, and political science. In particular, philosophy develops ideological positions of the theory of state and law, as a result of which the latter is armed with a general methodology of cognition of state-legal reality. At the same time, the theory of state and law gives concrete material for broad philosophical generalizations.
Legal science is a part of the humanities, because the state and law are social institutions. In turn, the legal sciences can be divided into the following types:
• Theory of Government and Rights;
• Historical and legal sciences (history of state and law, history of political and legal doctrines);
• branch legal sciences (constitutional, civil, administrative, criminal, financial, civil procedural, criminal procedure and other law);
• applied sciences (criminology, criminology, forensic medicine, forensic psychology, legal cybernetics).
The place of the theory of state and law in the system of legal sciences is due to its interaction with each of the types of these sciences. The generality of the theory of the state and law and of the history and legal sciences is that they regard the state and law as a whole, as it were, do not have time boundaries in cognitive activity. The difference is expressed in the fact that the historical and legal sciences study the process of development of state and legal forms in chronological order (mainly the historical method is used), the theory gives a generalization of these processes, explores the essence of the state and law, the laws of their functioning, and so on. (Preferably applies logical method).
If the historical and legal sciences (history of the state and law, the history of political and legal doctrines) study the state and law in strict chronological order, taking into account various kinds of randomness, as well as the paradoxes of the past and present in the development of concrete state and legal phenomena and historical processes, the theory , Generalizing all the wealth of historical experience, freeing itself from all concrete and accidental, on the basis of the past, determines the general laws of the present and the prospects for the future state-pr ovogo functioning of society. At the same time, historical information can become part of a theoretical study, contributing to the acquisition of new theoretical knowledge. This becomes possible when they are used to substantiate and confirm theoretical positions or when based on them the sources and driving forces of the development of political and legal phenomena, the periodization of their functioning, are established.
In relation to branch legal sciences, the theory of state and law appears as generalizing. First, she studies the most general laws of development and functioning of the state and law. The subject of any branch science is connected
only with a certain sphere of social relations, with the framework of the corresponding branch of law. Secondly, the theory of state and law examines the problems common to all branch sciences (rules of law, legal relations, legal responsibility). Thirdly, it plays a methodological role in jurisprudence.
Sectoral legal sciences (criminal, civil, labor law) are subject to research limited in time (only the current legislation) and in space (only a certain type of regulated relations), and study the specific patterns of individual, specific statelegal phenomena. The theory, by generalizing branch legal knowledge and establishing systemic links between legal phenomena and processes, determines the general laws of their development, and on this basis develops a logically completed system of basic categories accumulating new knowledge about the nature of these phenomena (the theory of offense is created on the basis of a systemic investigation of crimes , Civil law delicts, administrative and disciplinary offenses).
At the same time, the theory of the state and law forms its conclusions in close connection with the branch sciences, proceeds from the factual material contained in them.
The interaction of the theory of the state and law with the applied sciences is, to a considerable extent, mediated through the branch sciences.
Thus, the features of the theory of state and law as a science are that it is:
• humanitarian, the subject of which are social phenomena - state and law (in this it differs from the technical and natural sciences);
• Politico-legal, studying such social institutions that directly relate to the state and legal sphere of public life (this is different from other humanitarian sciences);
• Theoretical, studying the most general laws of the state and law (in this it differs from other legal sciences).
Used sources:
1. Commenting on the Constitution of the Republic of Uzbekistan. - T .: Uzbekistan, 2013.
2. A. Saidov, Tadjixanov W., H. Odilqoriyev State and law. - T .: Sharq, 2002.
