Topic I. Jurisprudence as a science is its subject and object.
Objects of legal science are state and law - actually two objects. However, jurisprudence, like any science, has one subject of study.
The starting point for defining the concept of jurisprudence is law, which includes the legal concept of the state. The state and law are cognized and studied as components of a single object of legal science. Their study is based on one principle and criterion of legality, which is specified in certain areas and areas of legal knowledge of the state and law. This specification is present in all particular definitions and characteristics of state and law, in the system of concepts of legal science in general and individual legal sciences.
Subject of legal science- objective properties of law and the state in their conceptual and legal comprehension and expression, general and particular patterns of the emergence, development and functioning of the state and law in their structural diversity.
If the subject of legal science is the concept of law in all aspects of its theoretical-cognitive manifestation and expression, then the subject of each individual legal science is a specific element of legal reality.
Related questions:
Major milestones in the development of jurisprudence.
There are four main milestones in the history of law. Human society has already passed three of them, and the fourth is currently entering or, perhaps, has already entered.
First milestone. This is the formation of private (civil) law as an integral systemic normative formation. This “emergence” took place, as already mentioned, in the form of a very perfect legal side private law system established in Ancient Rome.
Second milestone- this is the development of the provisions of private law, their combination in “university law” is also an amazing event that occurred in the Middle Ages in medieval universities, starting with Bologna, as a result of the work of glossators (medieval interpreters of the provisions of Roman private law).
Third (and decisive for modern era) milestone- this is not just a new, and, moreover, qualitative, rise of private law, but also, in fact, the formation of the private law of modern civil society, when, due to the requirements of the emerging civil society, it was embodied in the form of worked out normative generalizations directly in laws of consistently liberal content. First of all, in such as the Napoleonic Civil Code, the German Civil Code, and in the civil laws of other countries that took the path modern development. It is here, in the legislative provisions of civil laws that are still in force today, that it is possible to assert precisely the principles of private law, which are expressed in legal formulas about the right of property, its absolute nature, freedom of contract, restoration of violated civil rights, and their judicial protection.
About the fourth milestone development of law, perhaps, it is permissible to speak only in the order of posing the question. Moreover - only as about what has begun historical process, when in the second half of XX and on threshold of XXI V. civil laws of a new generation are being developed and put into practice, expressing the deep unity of private law and modern natural law, inalienable human rights, such as the Civil Code of the Netherlands and the Canadian province of Quebec. These include the Civil Code of Russia.
The most significant features of the modern stage of development of law (which humanity is entering, and perhaps has already entered) are not only the tendency to improve, modernize civil law institutions, associated with fundamentally new phenomena and facts of the post-industrial economy, other global processes of our time (ecological , in management and information technology, etc.), but also fundamental processes in private law “itself.” The essence of these processes is the tendency to establish private law principles in their original, extremely “pure” form. And at the same time, in this regard, in the deep unity of private law and modern natural law, its “culminating expression” in the current era - organic unity with inalienable human rights.
General concepts object and subject in scientific research
The concept (along with judgment and inference) is one of the main forms of thinking. It reflects and consolidates the essential (distinctive) features of objects or phenomena of the objective world and the process of thinking and represents the simplest structural unit of thought. The theory of state and law studies and gives general concepts about state and law based on the analysis of state legal practice and the achievements of other legal sciences. For example, within the framework of the theory of the state, the concepts of the state, the forms and functions of the state, the concepts of legal and social state. Within the framework of the theory of law, the concepts of law, legal norm, form of law, law, legal relationship, legal consciousness, legality, etc. are formulated. According to the scope and significance, legal concepts are divided into: 1) general legal ones, relevant for the entire system of legal sciences, all branches of law and legislation (“state”, “law”, “legal relationship”, “legality”, etc.); 2) intersectoral, relevant for several branches of law and science (“misdemeanor”, “ material liability" and etc.); 3) sectoral, the scope of which is determined by the boundaries of a particular industry (“ contract of employment", "accused", "committent", etc.). The most general, extremely broad legal concepts are called legal categories. They have a dual character. On the one hand, they represent the result of the study of state-legal reality, on the other hand, they are the result of a generalization of previously developed legal concepts. Thus, generalizing the concept of criminal, administrative, civil and disciplinary liability, the theory of state and law formulates the category of legal liability. A set of certain fundamental concepts and categories form a particular branch of law, the science of it and the corresponding academic discipline. For example, in criminal law these are the concepts of “crime”, “punishment”, “complicity”, “deprivation of liberty”, “expungement of a criminal record”, etc.
Topic II.
Information about the list of disciplines studied at a university is determined by the state educational standard, and the curriculum is a list of disciplines studied at a law school, contains the types of classes and the number of hours. Curricula are based on state general education programs (Article 9 of the Law of the Russian Federation “On Education”) and standards (Article 7), which, in fact, establish the content of the programs.
But exactly educational plans determine the content of training of lawyers. The fact is that the state general educational standard establishes a mandatory minimum of professional content educational program in the direction of "jurisprudence", and for this purpose introduces the distribution of the studied disciplines into several cycles: general humanitarian and socio-economic disciplines; general professional compulsory disciplines; special disciplines established by the university at the student’s choice; special disciplines established by the university, as well as additional types training (military affairs, etc.); optional, i.e. optional disciplines.
The state general education standard provides a list of only the first and second cycles. The list of disciplines for the remaining cycles is determined by the law school.
The following groups of disciplines are studied at any law school:
The theory of state and law, which sets out the basic information about state and law necessary for understanding subsequent disciplines. From this fundamental course, the student will learn what a state is from the standpoint of law, what government and the state apparatus, what is law, what are its functions in society, what are its sources, what is the system of law and what are its structural elements and a number of other problems; The discipline "theory of state and law" equips both with introductory information and skills of a legal approach to various social phenomena; If a physician gets used to seeing healthy and unhealthy people, then a law student is influenced by law and legal forms, which accepts social life;
History of state and law of Russia; history of state and law foreign countries; history of political and legal ideas (doctrines); Roman law, which is essentially both a historical discipline and an introduction to civil law;
Disciplines of the public legal cycle. The leading ones are constitutional and administrative law. More specialized disciplines are associated with these basic disciplines, in particular financial, land, and environmental law. Within the framework of this cycle, it is also possible to teach other disciplines, for example, construction law, tax law, etc. The cycle of public law disciplines is the basis professional activity lawyer in management, economics, crime fighting, etc.;
Procedural disciplines, including the study of the following subjects: judicial system (or judicial power) or law enforcement agencies, criminal, civil and arbitration processes. They are also specified and developed in such specialized disciplines as criminology, forensic medicine, forensic psychiatry, forensic accounting, etc. These disciplines provide the lawyer with the professional knowledge necessary to carry out the most various functions in the investigation and resolution of criminal cases, to participate in civil and arbitration proceedings, as well as to use the capabilities of forensic examination;
Private law and economic law disciplines cover: civil law, business or commercial (economic) law, labor law, social security law, private international law. These courses are continued in special disciplines such as banking, corporate, bill of exchange, inheritance law, etc., which are offered depending on the specifics of training and the availability of trained teachers. This group of disciplines is deservedly very popular, as it provides the knowledge necessary for a highly paid and interesting professional career. legal activity. It should be remembered that the application of knowledge acquired in the study of these disciplines is unthinkable without mastering public law;
Disciplines of the criminal legal cycle, which cover: criminal law, criminology, penal law, as well as special disciplines such as criminal policy, operational investigative activities, etc. The disciplines of this cycle provide knowledge that is still in greatest demand in the labor market. The country still needs many investigators, operational service workers, prosecutors and other workers who actively use knowledge of the criminal legal cycle.
The student should ultimately know that in the learning process he will have to master a group of leading disciplines, i.e. theory of state and law, constitutional and administrative law, civil law and civil procedure, criminal law and criminal procedure, labor and economic law. This is the basis of legal education. And every student should know this. The remaining disciplines are the development of those named, and the assessment of their independence and autonomy is not important for the process of legal education.
Compliance with the rules of law and legislation is what any developed state in the world strives for. To comply with laws and use them correctly, we need specialists who can help an organization or any citizen. The legal specialty remains one of the most in demand in Russia, but to become a lawyer you need to get a higher education. The first question that arises for future applicants to a higher education institution is what subjects need to be taken to become a lawyer upon admission.
What subjects do you need to know?
Lawyers are humanists; they are not required to have knowledge of technical disciplines. However, the chosen specialization places certain demands on the student. According to the law on education, educational institutions must accept students after the 11th grade based on the results of the Unified State Exam. When choosing jurisprudence, every applicant should know what to take in the Unified State Exam. A future specialist should be able to:
- compose texts correctly;
- Confidently express your thoughts on paper and in a meeting .
Grammatical errors should not be brought to the attention of the court or board of directors. That's why – compulsory subject which must be passed to become a lawyer. Social studies is a specialized discipline, knowledge of which is necessary for admission to the Faculty of Law.
These are the basics of jurisprudence in primary education future specialist. Story - necessary item, the scores for which you are interested in admissions committee. Knowledge of history requires memorizing dates and sequence of events, which will become one of the main conditions for future work.
It is better to decide on the institute in advance in order to know what you need to take for the Unified State Exam, since some universities require knowledge foreign language and even mathematics. Despite the education law, The university may require additional examination entrance exams for:
- Russian language;
- stories;
- social studies;
- foreign language.
The Russian language exam takes the form of a dictation, but some educational institutions ask you to write a presentation. History and social studies exams are traditionally given in written or oral form. The history exam includes questions from all eras around the world. When wondering what it takes to become a lawyer, you need to understand that competition for this specialization high enough. So above average knowledge and eloquence will help.
Interesting! Oratory has helped make the careers of many lawyers who have reached the highest positions in their countries.
Areas of jurisprudence for a future specialist
Average special education can only make a graduate a paralegal. When asked what to take to get a secondary specialized education, the answer most often will be - nothing, the results of school exams are enough. Secondary specialized education can be obtained after finishing 9th grade.
Jurisprudence is divided into three areas:
- civil law;
- international legal;
- criminal law.
The first prepares civil law specialists, that is, notaries, legal consultants, and those who defend the interests of citizens and enterprises. The second direction trains specialists working in diplomatic missions or in companies entering into contracts with foreign partners. The third direction is focused on producing investigators, lawyers, and prosecutors. The question invariably arises: what exams do you need to take to become a lawyer in your chosen specialization?
And the answer will be the same: Russian language, social studies, history. But there are nuances. Determining your desire become an international lawyer, what subjects need to be taken when entering a university - these are, of course, foreign languages.
Important! It is advisable to have an international certificate confirming knowledge of foreign languages.
If a student dreams of a career as a notary, then the faculty in which they are taught does not exist. First, you need to obtain a higher legal education in civil law. Then the specialist must undergo an internship with an existing notary as an assistant. There are legislative standards that determine the number of notaries depending on the population, infrastructure development, transport network and other factors.
A notary is a company in which there is no staff turnover. An internship as an assistant can last for years. And to become an assistant, you need to take a test and pass it with the highest score. After completing the internship, you must pass a qualifying test to become a notary of a special commission and obtain a license to operate.
Choosing criminal law
The answer to the question is what subjects do you need to take to become a criminal lawyer?, will be similar to all others: history, social studies, Russian language. When choosing the field of criminal law, it is better to enroll in a specialized university, for example, the Institute of the Ministry of Internal Affairs. This option is suitable for young men who have served in the army and entered the police service. Girls can also become investigators, lawyers or prosecutors. Graduates who have graduated from a specialized university are provided with work in the investigation. You can go the other way, but you will have to look for a job yourself:
- Enter a regular university with a law faculty.
- Choose a criminal specialization in your third year.
Having chosen a criminal specialization, a person cannot immediately after graduation obtain the required status.
To become a lawyer, after graduating from university, you must train for two years as an assistant in a law office, or work as a lawyer. The exam for the profession of a lawyer, which must be taken after completing the internship, will include about 500 complex issues. A lawyer must be a member of a special board.
To obtain the profession of a prosecutor, you also need to graduate from higher education. educational institution at the Faculty of Law. Then you need an internship as an assistant prosecutor, or you can work as an investigator.
Under the object scientific discipline it is customary to understand that real phenomenon that needs to be comprehensively comprehended, studied, clarified, etc.
IN real life there is a state as an organization political power and its mandatory regulations addressed to people and their associations, formalized in the form of laws and other regulations. All this is reality, and it requires study, research, clarification, etc. This reality in the form of the state and the reality created by it legal system management social processes and is an object of jurisprudence.
The problem of more detailed clarification of the object of scientific and academic discipline“Jurisprudence” (I would like to emphasize that here we are talking specifically about the object of “Jurisprudence”, and not about the object of the discipline “Theory of Jurisprudence”) arises to a greater extent due to the fact that in legal literature (contrary to logical expectations) jurisprudence has already been declared the science of freedom.
“Jurisprudence is the science of freedom,” V.S. Nersesyants unequivocally states in his latest works 1 .
However, the definition “Jurisprudence is the science of freedom” does not indicate anything concrete. Here a lot of questions immediately arise related to clarifying what we mean by the word “science”, what we mean by the word “freedom”, etc. In addition, if you carefully study the technology with which V.S. Nersesyants came to this conclusion, then, using this technology, we can say that jurisprudence is the science of democracy, human rights, etc. On the other hand, using this technology, philosophy, political science, and even sociology may well lay claim to the role of a science of freedom.
1 See, for example, Nersesyants V.S. Jurisprudence. Introduction to the course general theory law and state. M.: Norma, 1999. P.1, 61.
The fact is that V.S. Nersesyants, as already noted, goes in search of the concept of “jurisprudence” from the position of his libertarian type of understanding of law. This is what he writes: “...the basis of this or that concept of jurisprudence is a certain typology of legal understanding” 1 . It is hardly possible and necessary to agree with such a statement. In real life, first of all, there are needs for the most optimal use in public life legal knowledge, i.e. jurisprudence. They encourage the activation of legal science to study various aspects of the state-legal construction of society, including problems related to the concept of law.
In our opinion, jurisprudence is still a system of knowledge about state and law, and not science itself. It is better to call science here the familiar concept of “legal science”, which is engaged in obtaining legal knowledge. Jurisprudence is a set of legal disciplines read in the training of lawyers, specialists in the field of creation and application of legislation in in a broad sense this word. Jurisprudence includes the entire theory, that is, the system of knowledge necessary for the successful implementation of legal work, starting with the creation of legal rules, their application and ending with the use of liability for violation of legal requirements.
In practical terms, lawyers and citizens of the state are primarily interested in legal right, that is, the laws in force in a particular state. Therefore, jurisprudence in general and a specific state in particular comes down to comprehensive knowledge about the laws of the state containing rules governing different kinds public relations. Jurisprudence is essentially the science of legislation that is optimal for society. The object of study, research and interests of jurisprudence are legal laws and their role in public life. Without the laws of the state, there is no jurisprudence, and vice versa, jurisprudence is knowledge about laws and their role in the life of society. Therefore, the object of jurisprudence is the laws of the state, the technology of their creation and the mechanism of implementation.
1 Nersesyants B.S. Jurisprudence. Introduction to the course of general theory of law and state. M.: Norma, 1999. P. 156.
In contrast to the object of a scientific discipline, its subject is understood as those emerging patterns that reveal the essential properties of the object of interest to us.
If the state and law can be of interest to representatives of various social sciences, then the science of jurisprudence is interested in the state as an organization of political power that manages the affairs of society through legal means. Legal means (lawmaking, legal norms, implementation of law, legal responsibility, etc.) and their role in the life of society are all the exclusive subject of jurisprudence.
The subject of jurisprudence is also the patterns of formation and distinctive features of various rules of law enshrined in legislation. At the same time, jurisprudence deals not only with the rules of law regulating executive-administrative relations (administrative law), property and related personal non-property relations (civil law), rules defining crime and punishability of acts (criminal law), etc. , but also studies the general patterns inherent in all these norms, clarifies the history and theory of the emergence, development and functioning of state-legal phenomena in general.
The study of state-legal phenomena in their organic unity and mutual influence - main topic jurisprudence and its individual branches.