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COMPARATIVE STUDIES
JURISPRUDENCE (12.00.00)
THE SUBJECT AND THE METHOD OF THE THEORY OF LAW AND STATE (JURISPRUDENCE)
DOI: http://dx.doi.org/10.14420/en.2015.6.1
Svetlana Boshno, Doctor of Legal Sciences, Professor, President of Consulting and Legal Protection of People Foundation, e-mail: [email protected].
Abstract. The subject matter of the theory of law and state (jurisprudence)
comprises objective laws of formation and development of state legal relations. In Russian juridical tradition there takes place a duality of the subject matter of the given science, i.e. the theory of law and state. Where law schools adhere to different types of understanding law, their approaches to the subject matter of the theory of law and state can essentially differ. The article reviews philosophy of law, general theory of law, legal theory, jurisprudence, sociology of law, encyclopedia of law. The theory of state as a science employs the following methods aimed to cognize its subject matter: analysis, synthesis, dialectics, comparison. Comparative law plays a significant role: it studies legal experiences of different countries, and the legal map of the world. The theory of law and state appears as the foundation of all juridical knowledge and branches of jurisprudence. The theory of state and law interacts with other sciences about society and people. Keywords: the theory of state and law, philosophy of law, general theory of law,
legal theory, jurisprudence, sociology of law, encyclopedia of law, the subject matter of the theory of state and law, methods of the theory of state and law.
1. The subject of the jurisprudence.
The jurisprudence is the basis of the legal science. It is the core of the whole legal knowledge.
The subject of jurisprudence is the most common regularities of appearance, functioning and development of the law and the state, their substance, structure, main elements, principals, institutions.
The jurisprudence covers all levels of the governmental and legal activities, exposes the substance of the state and the law, their functions, role, social purposes, fundamental connections and relations determining trends and ways of development of a specific sphere of social life, and on this basis forms the main fundamental conclusions and terms about the state and the law. The jurisprudence is a science with fundamental character. Together with other sciences studying the main branches of law it forms scientific and theoretical basis for the whole Russian legal science.
The jurisprudence is the introductory discipline. It starts legal studying. Without studying the basic categories and terms, process of lawmaking, law enforcement, definition of legal norms, without knowledge of the substance of such events as legality, legal order, legal relations, without getting acquainted with the main sources of law it is impossible to enter into the complicated and ambiguous world of jurisprudence, it is impossible to assimilate and fix the branch-wise and applicable legal knowledge.
The jurisprudence is an abstract science as its categories and terms are mostly abstracted from the direct events and processes. However, it is a mistake to think that the theory is completely separated from the practical tasks, real social life. Indeed, jurisprudence studies such wide categories as the law, legal relations, delicts and some other. But these terms themselves are the result of deduction and abstraction of the specific facts and relations. Thus, for example, the research of the crimes, administrative and disciplinary offences in different branches of law forms the basis of general-theoretical term «delict». The terms of the jurisprudence reflect the common situation integrating different spheres of legal science. The jurisprudence on the basis of the direct facts detects the regularities of the state and legal events.
The subject of the jurisprudence is divided into two main parts: the theory of law and the theory of state. There are different ideas about their correlation, priority and necessity within the scope of the coverage of this science and the discipline. The jurisprudence is known to be named as «The theory of law and the state», «The Theory of the state and the law», «The general theory of law», «The philosophy of the law», «The sociology of the law». The legal science before the revolution used the name «The encyclopedia of the law». The Common law science calls the science about the regulatory and the substance of the law is known as «The Jurisprudence». From the native equivalents «The Philosophy of law» with the elements of the theory of law or «The general theory of Law» are the most close. And it is not only about the different name. «The Jurisprudence» differs in its content and construction, its approach to the legal research, the state's institutions are not included into this subject.
The question of the sequence of the words (the state and the law) in the name of the discipline and the legal science can not be considered as idle. The problem of the priority of the state and the law has the deep philosophic character, covering the categories of the first and the second, the reason and the result, the basic and the derivative. The extent of the involvement to the
«The subject and the method...»
appearance, formation and functioning of each of the phenomena is considered as well.
Let's examine the arguments given to each of the variants. The most widespread is the name «The theory of the state and the law». Its wide acknowledgement was promoted by a number of factors whose content is mentioned further in this textbook. We will just mention them for now: the Continental legal family, the domination of the positivists' views. An important role was played by the Soviet doctrine, based on the Marxism's understanding of law. In accordance with this conception the state is given the leading role in every sense: meaningful and chronicle. Thus, the state appearing as a result of the abstract of the private property and the division of the society to classes, had to produce a special mechanism to protect its rights. This exact role is given to the law. It is understood to be the result of the state's activities and the instrument of its protection. The purpose of law is to guarantee the state's interests.
Such approach, described in plain form, forms the bases of «the theory of the state and the law». This understanding was and still is traditional for Russia, what is in no small measure explained by its support by the state.
The treatment of the theory with the major role of the law in it is expressed in the name «the theory of law and the state». The fundamental role of the state is based on the idea that the law has appeared before the state. Indeed, there are a lot of evidence that the law has appeared during before-the-state period, when the humanity was primigenial. Then the state appeared and tried to control the law. However, it appeared to be impossible to the full extent because the customs, principals, doctrines, legal conscious, religions and behavior samples are not connected with the state. They appear and disappear without the influence of state. This treatment doesn't cut the connection between the state and the law, but it gives the role of one of the other sources of law to the state and proclaims the state to be the warrant of the law. The mergence of the law and the state is obvious only at the lawmaking and law implementation. The lawmaking is defined as the state's activity, the activity of its officials aimed at adoption, amending and cancellation of legal acts. Within the lawmaking process the state demonstrates its powerful nature, the opportunity to force the citizens to the fulfillment of its requirements. Indeed, as far as we are speaking about the punishment and the duress there is no power equal to the state. It has the monopoly on the prisons, military forces, police, courts and other authorities. There is an important part of the legal phenomena left out of the scope of the state's authority, and the state may protect them from violations.
The doctrine based on the priority of law seems to be more tolerant, adequate to the democratic values in comparison with the state-focused theories. Even more, at the Constitution of the Russian Federation of 1993 the conception of the priority of law above the state was promulgated. Thus, article 15 of the Constitution states that the generally recognized principles and norms of the international law and the international treaties are the part of the legal system of the Russian Federation. But these norms are not produced by the Russian state,
and by no state at all, they are not national legislation. This law is allocated by supernational and out-of-state experience of the humanity. Russia does not only recognize this system of values to be the law, but it assumes the obligation to limit its own legal freedom by the frame of the general experience of the humanity. The years passed from the time of the adoption of the Russian Constitution (1993) and the cases considered by the Human Rights Court involving the citizens of the Russian Federation have shown that the national legislation is quite weak facing the supernational law.
As it was stated there are attempts to separate the law and the state from each other by calling the course «The general theory of law». However the experience shows that the authors still have no chance to avoid fully the traditional questions where the integration of the law and the state is essential for the both phenomena. Here we speak about the lawmaking and law enforcement, as well as the official treatment of the legal norms. The desire to separate the theory of law as an independent science is explained by the existence of an independent science about the state and its power — political science. This is the science that studies the characteristics of state, its substance, forms of states, its machinery and functions. The modern theory of jurisprudence in Russia is the inheritor of the soviet approach to law and it is against the fact that officially Marxism-Leninism has lost its domination. Within the past years the study materials and even the scientific literature failed to avoid pro-marxizm approach. It is important to remember that such sciences as the political science and sociology were not formed at the soviet period yet. Nowadays when they are clear enough, the basis for the rivalry between these sciences and the jurisprudence, covering wider range of state and social events, appeared.
It is to be mentioned that some questions of the existence of law are impossible to explain without appealing to the state's bodies. Thus, it seems difficult to understand the lawmaking process and the forms of the law without the analysis of the guiding state's categories. Indeed, the lawmaking is the activity of the authorized governmental bodies aimed at the production, amending or cancellation of the legal acts.
Therefore, in this treatise we prefer the legal values, but in some cases when it seems to be necessary, the law and the state will be considered to be as integrated.
Let's look through the main questions composing the subject of the jurisprudence.
The theory of law studies the regularities of the appearance and development of the law. The key question of the theory of law is the substance of the law, different approaches to the understanding of the law. It is the theory where the main categories of the law, such as the concept of the law, sources and forms of the law, legal relations, law enforcement and some other, are being worked out. It examines the questions of the legal conscious as the accumulation of views, emotions and feelings in the legal sphere, levels and kinds of legal conscious.
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The theory of law studies the forms of the law, including such an important kind of them as the legal act. This form of law has a specific meaning for the countries with Continental system of law, because it is the central for them.
The most important questions covered with this science are the regularities of the creation of the law and the lawmaking. The harmonization of the relations between the law and the state is possible only in the legally and socially oriented state. In connection with this fact the theory of law apply to the characteristics of the legal state, the historical development of this phenomenon, the peculiarities of the socially oriented state.
The peculiarities of the each type of the state and the law are reflected by such term as the legal system. At the theory of law with the help of the analysis and the synthesis there was created a typology of states which has provided the opportunity to unite them to the wide groups of the legal families. The theory of law conceders the common characteristics of each group: Continental, Common law, Religious and others. The aim of the comparative research is to detect common and specific features of the types of the legal systems. The opportunities and the consequences of the borrowing of the legal norms and institutions by the states belonging to different types of legal systems are also being considered.
The composing elements of the theory of law are the philosophy of law and the sociology of law. According to the existence of the specific subject and specific methods they may be considered as independent sciences.
The subject of the sociology of law is the process of the social operation of law considered as a part of the system, in full force, including the connection between the law and the state. The sociology of law considers such questions as the genesis, functioning and development of law as the socially induced phenomenon.
From the historical point of view the sociology of law was formed not so long ago, however it has gained the opponents as well as the proponents.
The sociology of law was worked out as the part of sociology and later as the part of jurisprudence. There are the works in this field created by the sociologists, such as M. Kovalevsky. Within the framework of the legal science the work with the same heading by G. Shershenevich is quite well known. The modern sociological jurisprudence is developed by V. Lapaeva, S. Polenina.
The aim of the sociological research of law is the examination of the connection between the law as the social phenomenon and the society, social functions of law and the integrated processes of transformation of legal norms into the social behavior at each level — society, class, group and person. The sociology of law prevents the law from isolating. The law is not the final result and definitely not the aim of lawmaking. The aim is the well-ordered state of social relations, the creation of favorable conditions for their improvement. That's why the key term of the sociology of law if the efficiency of legal norms, e.g. consummation of the purposes of social practice by the law. Indeed, it is impossible and senseless to explain the law out of itself treating the legal norms. The law should be considered in terms of other regulators of social relations
(moral, religion, ethics). The sociology of law can provide such integrated approach.
The advantage of the sociological approach is the fact that the society is the source of law and at the same time the final destination point the law is intended to be used for. The law appears to be the cover of the consolidated social interest; it is appealed for the effective influence to social relations.
The subject of the philosophy of law is the sense, the substance and the term of law, its basis and its place in the world, its value and importance, the role it plays at the life of a person, a society, a state, at destinies of peoples and humanity.
The philosophy of law in the meaning of science was formed in the middle of the XVIII century. This was its summer, when the philosophy of law hold pride of place at the system of social sciences, was studied at the universities, played the role of the methodological basis of the jurisprudence. The philosophy of law has its specific subject where a human personality, human nature, her characteristics and purpose play the leading role, because these events in the aggregate can become the basis of rational law. There are well-known treatises on the philosophy of law by the following outstanding scientists dating back to different periods: B. Checherin, D. Kerimov, S. Alexeev, M. Baitin, M. Marchenko, V. Nersesyanc.
The theory of state is devoted to studying of the main institutions: the term of state, the forms of state, the machinery of state.
Much attention is given to the concepts of the appearance of a state. The examination of the historical and modern theories is aimed at the detection of the regularities of the appearance and development of the main governmental institutions. The Constitutional model of Russia is based on the ideas of the legally and socially oriented state that are considered by the theory of state to be integrated with the other state-legal institutions. The connections of the law and the state, politics, economy, religion, ideology are being analyzed. It is important to distinguish between the subject of the jurisprudence meaning the science and meaning the classroom discipline. The subject of science is wider, it includes problem novel elements. The course of study is composed by the most customary scientific elements, where the opinion claiming to be generally accepted, doctrinal is formed.
Thus, the subject of the jurisprudence (the theory of law and state) is crosscutting, complicated and it may even seem to be eclectic. The subject of the theory of jurisprudence transforms within time involving new institutions.
2. The method of jurisprudence
The method is the aggregation of rules, techniques of scientific activities that contribute to the most complete and certain research of its subject.
The methodology is the doctrine about methods, the theoretical bases of the methods of the material world perception used in science. The methodology
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combines a range of interdependent events of the worldview, fundamental general-theoretical concepts, general philosophical laws and categories, general, private-scientific and even special methods. The core of the methodology is composed by the doctrine about methods, but it is not completed by this, it appears to be an integrated event.
The jurisprudence uses the general-scientific (cross functional) method, peculiar to all sciences, departments of knowledge, classroom discipline, because it is based on the most general laws of the natural, social, intellectual development and the particular laws.
The jurisprudence uses the following kinds of methods:
- General-scientific (philosophic, logic etc);
- special (sociological, systematic etc);
- particular (treating etc) .
The content of the philosophic method are general principals of perception: dialectical materialism, objectivity and omnitude of perception etc. The materialistic dialectic combines the dialectical approach to the perception of the outworld with its materialistic analysis. It is the most effective way to studying natural, social and intellectual processes. The content of the materialistic dialectic forms the main laws and categories of the dialectic. The basic dialectical laws are the laws of the unity and conflict of opposites, the law of the transit of the quantitative change to qualitative, the law of denial etc, each of them emerges at any legal event, process. Thus, for example, the new social relations replace the foregoing, and the newly adopted legal norm regulating these relations declines the previous legal prescriptions. The operation of the law of the transit of the quantity to quality is obvious when analyzing the statistics of the adopted laws. This quantitative characteristic led to the qualitative change what is reflected by the authority of the law.
This method is not used in full because it is dissolved at the world-view.
The dialectical approach to the state-legal events appears to be the constructive base of the jurisprudence: they all appeared, transform and decease. This is the basic thesis of the dialectic approach. The condition of the humanity without knowledge of the state and the law can be called differently: primigenial communism, the war of everyone against everyone, universal chaos, it is possible to find more bright expressions, but all these are consolidated by the fact that there was no state itself. Within the whole human history the types of states were changing (tyrannical, despotical, monarchical etc), the replacing of the formation took place — the slave-owning formation was replaced by the feudalism that was replaced at its time by capitalism and socialism. The most important is that the statehood was not static. Will the state be endless as the absolutely vital institution of the social life? At list two doctrines — communism and anarchism — give negative answer. They see the aim of the humanity at the harmony without the state. For the religious doctrine the endlessness of any institution is impossible because only the Lord is endless. Thus, the state-legal events has the temporal character, they are unsteady and are permanently developing.
The logical method is carried out via analysis, synthesis, analogy, abstraction and other techniques and methods.
The important place at the system of legal sciences is taken by the logical technique of comparison. The comparative method brought to life a specific science — comparative jurisprudence, the method of which is studying of the state-legal events by virtue of distinction of their specific characteristics and features, unity and differences. The comparative research is held according to the typology of the legal systems.
The technique observed has a few stages of research:
- the research of the compared subjects separately aimed at the distinction of their substantial characteristics;
- the comparison of the substantial characteristics of the events aimed at the distinction of the common and different features;
- the conclusions about the correlation of the observed events.
The use of this method in the jurisprudence can be considered on the example of comparison of two terms: «morality» and «law». In accordance with the specified stages of the use of the comparison method it is necessary to start the research by singling out the substantial characteristics in each of the considered terms. By carrying out the analysis one will conclude on the following common substantial characteristics for both terms: regulate social relations, exist for a considerable period of time, and are repeatedly used. There are some other common characteristics, because «morality» and «law» are the types of social norms and, therefore, comparable phenomena.
But at the same time the terms are not identical. Both phenomena have the following characteristic: they exist for a considerable period of time, but the duration may be different. Morality is a more stable regulator. Unlike the law, it can not be changed lightning-like within days. Morality is changing, but this is a long-lasting process. Despite the plenty of common characteristics, moral and law has a number of fundamental differences. For example, they are different in presentation format, style and character of regulations. Law should be distinctive; its wording should be accurate and uniform. Morality may appear in different forms, not only in writing (as legislative acts), but in oral form by demonstration of positive and negative behavior examples.
The outcome of the comparison is the following: morality and law shall together regulate social relations by using their unique techniques and methods.
On the elementary level, the judicial sciences and, in particular, the jurisprudence use the description method. The description may be a mean or result of observation or legal experiment. By using description one may single out substantial and secondary characteristics of state-legal phenomena. The interpretation of law is also a description of a legal act.
The other logical technique is classification which shows itself in the division of subjects, events and characteristics to classes and groups in accordance with the most important characteristics. The specialty of legal-state phenomena is that they are usually classified according to many bases. Thus,
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the legal norm may be classified according to a few score of bases. For example, according to the method of the legal regulation they are divided to imperative and discretionary. According to the subject of the legal regulation: civil, criminal, administrative, family and other norms corresponding to the branches of law.
Abstraction appears to be mental dissipation from one characteristic of the phenomenon and carving out another characteristic of interest. On the bases of the abstraction there appears the theoretical terms what is especially important for the jurisprudence. Thus, different kinds of legal relations exist at all branches of law and the corresponding legal sciences (civil law, criminal law and other), and the abstract general term of legal relation is by itself the subject of jurisprudence.
The legal sciences also use such methods as simulation, substantiation, proving, and disproving.
The role of sociological methods for the legal research is great. Sociological methods are observation, questioning, content-analysis of the documents, interviewing etc. Unfortunately, they are not fully demanded for the research of the legal phenomena yet, but they are the future. The advantage of the sociological techniques and methods is that their subject is human relation. At special-legal methods the commentator origin prevails because their subject is the current legislation. It is possible to understand the humanitarian nature of state-legal phenomena their social assignment and substance by considering the society and the corresponding relations as a system. With the help of the sociological methods it is possible to analyze how the citizens appertain to the laws in force, to find out what norms are essential in their opinion, how they see the future of their state.
The method of questioning is perspective. The subject of the research is defined, the hypothesis is formed, the questions are formulated — these are the main stages of the questioning. The reliability of this method to a large extent depends on the way the questions were formulated.
The example of the questioning may be the questioning of judges on the problem of their attitude to the precedent (case) in general and specifically in Russia. The following questions for example may help to make this topic clear:
Do you think the discussion about the case law is useful?
Can the judicial practice change the understanding of a legal norm completely?
Can a single judicial decision be the basis of the future analogous hearings?
The disadvantage of the sociological techniques and methods is their investment and continuance, because it needs a wide empirical material. For example, it require questioning hundreds or even thousands of respondents. Besides, the complete clarification of the topic is complicated by the secrecy, restraint of the respondents, their desire to show themselves from the best side. The majority of layers lacks the essential knowledge and skills to hold the sociologic surveys. This is not a complete list of the human factors complicating
the use of the sociological methods at the jurisprudence. But all these factors can not deface the importance of the sociological instruments for the jurisprudence.
The systematic method requires the integrated research of the state-legal phenomena that requires clarification of the systematic qualities and structural-functioning connections of these elements.
The use of this method is connected with the complicated bilateral structural organization of the state-legal phenomena. On the one hand, these phenomena have internal structure (elements of the subject, the order of the organization, the connections between the elements of the subject). From the other hand, the subject considered is always a part of some super-structure. Let us analyze this on the example.
One of the structural elements of the term state is the legal system which in its turn has its internal composition and is divided to the law itself, the legal practice and to the mainstream ideology. In its turn, each from the abovementioned elements is a complicated system itself, for example, the system of law etc. At this complicated interdependent system we can also determine the place of a legal norm.
During the systematic-structural analysis the elements of the examined phenomenon are distinguished (as in the example above), the place and functions of the elements and the phenomenon in a whole are defined. However, using this method it is possible to make a mistake by just isolating the structural elements.
We need not only to distinguish the elements of the phenomenon but to study their interconnections providing the phenomenon with integrity. At the example above it is important to follow the connections of the legal system, system of law etc. Using this method it is necessary to analyze not only the term and the content of the phenomenon's elements, but to study its functioning as phenomenon in a whole as well as its components.
The proposed classification of the methods can not be absolute because with the scientific development the integration of the scientific knowledge takes place what in particular exposes in the borrowing of the methods. Thus, nowadays the importance of the psychological, anthropological, cybernetic methods rises.
Any sciences is divided to two levels of knowledge — empirical and theoretical and it is an indisputable fact because the science is the activity aimed at gaining new knowledge on the one hand and the aggregation, the system of knowledge on the other hand.
«The subject and the method...»
The empirical level is the true knowledge about the characteristics of the phenomena and subjects; the empirical laws are the knowledge about specific trends of their development. The following methods correspond to the empirical level: observation, experiments, descriptions. On another level the facts are generalized, their comparison, analysis and synthesis, classification and systematization is held.
The laws, theories and hypothesis appear at the theoretical level. This level has its own methods: abstraction, idealization, generalization.
3. Jurisprudence at the system of the legal sciences.
The legal sciences are divided to the theoretical-historical, special-legal (branch-wise) and applicable science. The jurisprudence together with the history of law and state and the history of the legal and doctrine forms the first block.
With the close theoretical-historical sciences the jurisprudence deals via the close subjects. Thus, the appearance of the law and state evidently appears to be a part of both the jurisprudence and the history of the law and state. Indeed, both sciences appeal to the facts, subjects, persons, that prove the appearance of the governmental institutions and the governmental-legal regulators. But not only the similarity, nut the dissimilarity is obvious. The facts and details, the documents and personalities are the aims for the history. The reliable description and interpretation are the destination of the historical knowledge. For the jurisprudence the specific facts become important at a specific quantity and knowledge, because the jurisprudence sees its aim at the indication of the regularities. It is gained by virtue of abstraction from the details. The analysis and synthesis, the deduction are the methods of jurisprudence. In other words, for the history the specified and reliable legal monuments are important, the documents itself. And for the jurisprudence the opportunity of generalization is important, for example, the detection of something in common at the content of the historical legal monuments of different periods or different states.
For the branch-wise legal sciences the jurisprudence is the methodological science because it formulates and studies high theoretical terms, such as the delict, legal relation, legal norm, parties of the delict etc. These terms worked out by the theory are spread by the branch-wise sciences which «inspire» them with their own specialties. Let's observe this interaction of the sciences at the example of the term of legal relation. The important characteristics of this phenomenon, in particular, the definition of the categories of the parties of the legal relation, full and legal capacity are worked out by the theory. This term exists at every branch, for example, there are administrative, civil, criminal, financial and many other relations. These branch-wise categories have common characteristics of the legal relation and their own specific features. The category of the «full capacity» chosen by the theory is integrated to the different branches in a different way: the criminal law characterize only the full capacity of individuals and states its own terms of the full and partial metal capacity: 16 and 14 years. The subject of
the civil law is much wider — it includes individuals, legal entities and the state. For each of the abovementioned types of subjects the general term of mental capacity refracts differently. Thus, the civil mental capacity of an individual becomes full at the age of 18 years, and partial at 14 years, the mental capacity of the minors — 6 years. However, the abovementioned branch-wise differences do not influence the general theoretic definition of mental capacity.
The jurisprudence is involved at the fruitful cooperation with applicable legal sciences (forensic accounting, statistics and others), where it takes the empirical material. But these are not the customer but the bilateral relations. Indeed, the jurisprudence returns the detected regularities of the legal-state phenomenon functioning to the applicable, special and historic-theoretical sciences: from the forensic medicine — the term of imputability, from criminalistics — the data about the delicts and the detection rate, from criminology — the doctrine about deviant behavior etc.
4. Jurisprudence in the system of sciences about society, person and state
Jurisprudence is a part of social sciences, which is closely connected with other sciences. For example, it is closely connected with the sociology. Under the scope of the jurisprudence we observe all legal events at the system of the social events, emphasizing their specialties. Thus, for example, the law itself appears to be one of the regulators of the social relations. Together with the law moral, ethical, ideological, corporative, religious norms deal with this problem. The law, having all the characteristics of the social norms, has some important differences: only the law is enforced by the state, has the written form, the system, has some other distinctive characteristics. The fact that we observe the legal norm within the system of the social norms, gives an opportunity to search for the common and specific features of the legal and moral norms, legal and religious norms. That is why we search for the reflection of the ideas of justice at the law, we wait for the legal acts corresponding to the moral and religious beliefs of the people from the legislator.
The jurisprudence has close connections with the political science. The basic questions for the political science — the political power, the state, the political system, the public associations,— also play an important role at the jurisprudence. But it is wrong to define this as the duplication or a simple borrowing. When the abovementioned terms are substantial and form the basis of the system of science for the political science, for the jurisprudence they play the secondary role, contributing to the core term of jurisprudence — the law. All the elements of the political system and the state itself within the theory of law are observed at the retrospect of the law. Thus, for example, the state at the theory of law is observed as the source of legal acts, as the guarantor of the legal prescriptions.
The connection of jurisprudence with the philosophy, anthropology, psychology and other social studies is close.
«The subject and the method... »
The connections of the jurisprudence go further than the social and humanitarian knowledge. This science uses the techniques and methods of the statistics, IT-studies, analysis the medical, archeological and other empirical evidence.
The interaction with the IT studies, programming seems to be useful and perspective. The result of this interaction is exposed by the well-known legal reference systems (ConsultantPlus etc). The systems of this kind solve the questions of recording, storage, retrieval and event the elements of the analysis of this information. The jurisprudence is the basis of retrieval systems because only this science studies the following terms: the legal act, the law (the statute), the decree, the instruction etc. The abovementioned and the other legal terms are used by the IT retrieval systems as the categories of retrieval.
The jurisprudence as the legal science in a whole is greatly owing to medicine by many of its achievements. Thus, the jurisprudence works with such terms as the will, the expression of will, the ability to manage your activities or to act at your own interest. Before these human features were transferred o the text of the law, the medicine has done a great research — the biological factors determining will, detecting diseases and bad habits, distorting the express of will were studied. At the legal science the abovementioned results of the scientific research were transformed to correspond the legal purposes and were set out under the name of «active capacity».
The statistics at the beginning seems to be the science distant from the social experience, but, never the less, it appears to be the fellow science for the jurisprudence solving the question of the quantity regularities. Without such science as the statistics, without its methods it is impossible to detect any regularities within the numeral data. For example, when saying that in Russia there are more than 200 laws adopting annually it is not clear what conclusions can be made in accordance with this fact. But if it is said that each law needs at least 10 regulations we can see a squall of the documents: more than 2000. The quantity has inevitably influenced the quality of the legal acts, and this fact raises the necessity to make a research of the methods going above special legal methods.
Therefore, the jurisprudence is a fully formed theoretical-methodological science being the basis of the legal sciences and having the deep connections with social and other sciences.
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