Subject and theoretical questions of history of political and legal doctrines

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SUBJECT AND THEORETICAL QUESTIONS OF HISTORY OF POLITICAL AND LEGAL DOCTRINES

tructure political legal doctrine

The concept and structure of political and legal doctrines. History of political and legal doctrines belongs to the historical and theoretical disciplines. The objective of this discipline is to show patterns of development of political and legal ideology, to acquaint the student with the content and history of the most important and influential theoretical concepts of State and Law of past eras using concrete historical material. Every great era of class and class society had its own theory of state and law, often several theories. The study of these theories and their relationship to contemporary issues of law and the state is just as important for the preparation of highly qualified lawyers as the study of the history of philosophy for philosophers, for economists - the history of economic studies, for art critic - the history of aesthetics, etc.

Currently there rises sharply the value of the history of political and legal doctrines such as schools of alternative thinking, making it possible to compare different theories, trends of political and legal thought in view of the centuries-old debate about these issues. During the long history of state and law arose a lot of political and legal doctrines.

However, all of these concepts inherent something common: they express the attitude of certain social groups in the State and Law (program, the evaluation of teaching) and are based on the characteristic of the era of ideological and theoretical basis (methodological core exercises) contain a solution of the main problems of the theory of the state and rights (theoretical content of teaching). Therefore, the political-legal doctrine consists of three components: 1) the logical-theoretical, philosophical or other (eg, religious) basis; 2) expressed in terms of the conceptual and categorical apparatus meaningful solutions of questions about the origin of the state and law, the laws of their development, the form, the purpose and principles of the social structure of the state, including the basic principles of law and its relationship with the state, the individual, society, etc.; 3) program provisions - evaluation of existing state and law, political goals and objectives. Politics, government, right and law are subject of investigations in many humanities (law, political science, sociology, theory of law, etc.). But for each of these disciplines approach to the above listed objects of research has its own specifics. This is quite an independent approach, and has the history of political and legal doctrines, which is an independent scientific discipline.

Thus, unlike other sciences studying these phenomena, IPPU examines the theoretical aspects of the emerging and developing historical knowledge, drawn up in concepts, doctrines and theories in questions of genesis, functioning and possible changes in the state, law and politics.

Our science has the closest contact with political science and the theory of state and law, as history relates to the subject matter of the science, expressed in theoretical form, representations of various authors of the state, law, politics (which, incidentally, does not exclude the use of materials and the achievements of other Human Sciences study Course).

The relevance of the course:

For the simple reason that most of the studied problem is not only theoretical, but also relates to everyday practice (it is a human rights issue, relations between the state, society and the individual, and the state of law, democracy and autocracy, the rule of law, etc.), they were and are the subject of considerable debate. A solution for some particular problem according to a varying theory, and respectively, and one or another of their practical implementation will be reflected in our daily lives.

Immediately note that the political and legal doctrines are set forth generally in the works of political thinkers, philosophers, politicians in the memoirs, as well as in the works, which can be attributed to scientific schools or areas of political and legal thought.

Also when studying history of political and legal doctrines it is necessary to pay attention:

- to the facts of biographies of political thinkers;

- to the movements and the organizations which are important for explanation of the contents and a role of political and legal doctrines;

- to regularities of development human (including legal and political) ideologies.

But our discipline not history of people, but history and interrelation of ideas, doctrines and political works.

The principle of historicism is the basis for methodology of this course. According to this principle any phenomenon (including political and legal ideas) needs to be considered in historical development. Briefly this principle can be expressed a formula:

- that was to

- the phenomenon

- in what poured out or, in what can pour out.

This principle plays an essential role in the analysis of a place and value of political and legal theories, in cumulative system of legal knowledge of this or that era or even in the context of humanitarian knowledge (very many ideas endured the founders and entered a component modern knowledg of idea of pupils and followers). For all the time of conscious development of humanity there were many political and legal doctrines. Also forms of their statement are also various: theoretical treatise, philosophical composition political lampoon, draft constitution, etc.

But at all visible variety it is possible to allocate also the general. It concerns, first of all, structure of any political and legal doctrine. This structure (of course it is conditional) can be divided into three parts:

1. - philosophical or religious basis of the doctrine. It, first of all, is connected with outlook of an era. For example: political doctrines of the Middle Ages were based on theology. During modern times as a philosophical basis rationalism started prevailing.

2. - Contents (most essential and extensive part of the doctrine). It, first of all attempt of the solution of the main problems. Over time began to carry to the most important questions of the contents:

1. - philosophical or religious basis of the doctrine. It, first of all, is connected with outlook of an era. For example: political doctrines of the Middle Ages were based on theology. During modern times as a philosophical basis rationalism started prevailing.

2. - Contents (most essential and extensive part of the doctrine). It, first of all attempt of the solution of the main problems. Over time began to carry to the most important questions of the contents:

- origin of the state and right;

- relation to property;

- forms of a state system;

- tasks and methods of political activity;

- sources and basic principles of the right;

- problems of the rights of the personality and some other.

3. - program provisions are estimates of the real-life state and the right, and also following from these estimates political goals and tasks.

Attempts rationalistically were a philosophical basis of this theory, that is, from positions of logical designs to explain emergence of the state (as opposed to theology).

Contents: the state is a generation of human society. At the beginning of mankind history people gathered and decided to unite to the states, first of all for safety. They signed among themselves the contract (written or oral) and chose the governor to whom (and to his descendants) undertook to submit in exchange for protection from his party.

Thus, followed from this theory that the contract is, maybe, dissolved if one of the parties (the power or the people) doesn't fulfill the obligations. And obligations of this contract were output logically from a human nature (maintenance of welfare of the people, tranquillity of society, ensuring the property, political and legal rights, protection against an external or internal threat to security, etc.).

Of course, different authors had program provisions - different. But in general were directed against theological ideas of a divine origin of the power and state, against firmness of the power of the monarch. Ideas about responsibility of the power for results of board also followed from this theory.

Period of history of political and legal doctrines. Division into three parts on the basis of large changes in world outlook bases of political and legal doctrines is the cornerstone of a period of our course.

I period. Political legal doctrines in the countries of the East and West in the period of the ancient world and the early Middle Ages. During this period dominating the main of doctrines were mythology and theology.

The II period begins with a Renaissance era when theologians rationalism succeeds.

The III period begins with ideas of Great French revolution and the German classical philosophy. Ideas of social, political and legal equality, and also achievements of other sciences actively get into this period in political and legal thought (including not humanitarian).

Here it would be desirable to note that this period is quite conditional. It is so possible to note that separate rationalistic ideas moved forward and during the first period. And theological ideas continued to develop both in the second, and in the third period, it is simple since second period rationalism, took dominant positions in social thought. And the theology itself began to use rationalism and science.

And we, within this course will consider the most important and significant doctrines and the most influential authors. According to the above-stated period the course of history of political and legal doctrines will be divided.

Universal and social in the history of political and legal doctrines. Political and legal doctrines, most often are result of individual creativity, but those from them which gain public value, have certain social functions. Ideological self-determination (consciousness) of any social group on problems of the right, the state, policy, and also influence on mass political and legal consciousness, on policy of the state and development of the right belongs to functions of political and legal doctrines. The consciousness of a class (social group) has different levels and forms of expression. At the theoretical level such form are the doctrines, doctrines representing mainly results of creativity and property of the intellectuals. At the ordinary, mass level separate ideas, estimates of the right and the state, appeals to their change or to preservation, political legal requirements and slogans are widespread. Both levels of consciousness and form of their expression are closely connected - the program part of the doctrine includes estimates of the state and the right and requirements imposed to them containing in public consciousness, and the ordinary consciousness looks for and finds confirmation of the ideals in theoretical part of doctrines.

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