Materials "Round Table" "Legal science and its meaning in modern society. The role of legal science in public life The role of legal science in modern education

Keywords

Legal science / Legal practice / Challenges of legal science / Politics / Scientific / Legal Dogma / Legal culture / Globalization / Legal Science / Legal Practice / Challenges to Legal Science / Politics / Scientific Work / Legal Dogma / Legal Culture / Globalization

annotation scientific article on the right, the author of scientific work - Sidorenko A. I.

On May 15, 2013, the Department of Theory and History of the State and the Law of PGNIU held a "round table" with the participation of teachers, graduate students, as well as students who are members of the theoretical scientific circuit on the discussion of the materials of the International Scientific and Practical Conference " Legal science and its meaning in modern society", Held on April 11, 2013 in MOGU named after O.E. Kutafina. During the meeting, issues were discussed: the features of the development of modern legal science and legislation, law enforcement practice and society as a whole; addiction legal science from legal culture and legal policies; The ability of domestic legal science integrate into global jurisprudence. Special attention was paid to Article V.V. Lazarev " Legal science: Modern condition, challenges and prospects (reflections of theorist). " Opened meeting "Round Table" Associate Professor of the Department S.B. Poles, who participated in the specified conference, who told about the topics affected on it and identifying questions for discussion. The teachers of the Department of Theory and History of the State and Law are also performed: head. Department of theory and history of the state and law V.P. Reutov, Professor A.S. Bondarev, Associate Professor D.N. Kruglov, graduate students V.V. Bogolyubov and A.I. Sidorenko. During the discussions, A. Ponomarenko, A. Porokhnina, G. Adam, A. Polovynaya adopted active participation.

Materials of "Round Table" "Legal Science and Its Importance in Modern Society" 1

In Theory and History of State and Law of Perm State National Research University Held a "Circular Table" With the Participation of Professors, Graduate Students and Of Students Who Are Members of the Scientific Club, Dedicated to The Discussion of the International Scientific-Practical Conference "Legal Science and Its Importance in Modern Society", Held April 11, 2013 in Moscow State Law Academy Named After. Kutafin. During The Meeting Were Discussed The Peculiarities of Development of Modern Legal Science and Legislation, Dependency Of Legal Science from Legal Culture and Legal Politics and Ability of Domestic Legal Science of Integration in Global Jurisprudence. Special Attention Was Given to the Article of V. Lazarev "JurisPrudence: Current Status, Challenges and Prospects (Reflections of theorist)". Professor S. Polyakov, WHO TOOK PART IN THIS CONFERENCE, OPENED THE MEETING OF THE "ROUND TABLE", TOLD ABOUT TOPICS Covered on Mentioned Conference and Identified The Issues to Be Discussed. Also Made Speeches Professors of Theory and History of The Department of Theory and History of State and Law V. Reutov, Professor A. Bondarev, Associate Professor D. Kruglov, Postgraduates V. Bogolyubov and A. Sidorenko. During The Discussion Have Also Taken An Active Part Students A. Ponomarenko, A. Porohnina, G. Adam, A. Polyvyanaya. The Participants of the "Round Table" Were Unanimous in Saying That The Views Which Were Expressed In The Discussion Will Serve As Reference for their Further Research.

Text of scientific work on the topic "Materials" Round Table "" Legal science and its meaning in modern society ""

Bulletin of the Perm University

2013 Legal Sciences Issue 4 (22)

Materials "Round Table" "Legal report and its sign in modern society"

A.I. Sidorenko

Graduate student

Perm State National Research University

614990, Perm, ul. Bukireva, 15.

E-mail: [Email Protected]

Annotation: May 15, 2013 Department of the theory and history of the state and the law of PGNIU held a "round table" with the participation of teachers, graduate students, as well as students who are members of the theoretical and legal scientific circle, dedicated to the discussion of materials of the International Scientific and Practical Conference "Legal Science and Its value in modern society ", held on April 11, 2013 in MGU named O. Kutafina. During the meeting, issues were discussed: the features of the development of modern legal science and legislation, law enforcement practice and society as a whole; the dependence of legal science from legal culture and legal policy; The ability of domestic legal science to integrate into a global jurisprudence. Special attention was paid to Article V.V. Lazarev "Legal science: current state, challenges and prospects (theority reflections)".

Opened meeting "Round Table" Associate Professor of the Department S.B. Poles, who participated in the specified conference, who told about the topics affected on it and identifying questions for discussion. The teachers of the Department of Theory and History of the State and Law are also performed: head. Department of theory and history of the state and law V.P. Reutov, Professor A.S. Bondarev, Associate Professor D.N. Kruglov, graduate students V.V. Bogolyubov and A.I. Sidorenko. During the discussions, A. Ponomarenko, A. Porokhnina, G. Adam, A. Polovynaya adopted active participation.

Keywords: legal science; legal practice; challenges legal science; politics; scientific work; legal dogma; legal culture; globalization

S.B. Poles, Doctor of Law, Associate Professor: The topic of discussion of the conference, in which prominent theorists of the state and law took part: N.A. Vla-Senko, VB Isakov, so-called. Radko, V.M. Raw and many others, - was the report of Professor V.V. Lazarev, whose studies largely determine the directions of work of our student scientific circle. Article "Legal science: current state, challenges and prospects (reflections of theorist)" 1, on the basis of which was

1 Lazarev V.V. Legal science: current state, challenges and prospects (theorist reflections) // LEX RUSSICA. 2013. №2. P. 181-191.

a report was made, studied by the participants of the "Round Table" to our meeting. In my opinion, the need for her discussion is determined by the fact that it encourages to find answers to two important issues: 1) on the attitude of legal science and practice, 2) on the attitude of legal science and power. One way or another, they think about them, probably every scientist. In addition, it detects provisions to discipline scientific research, which is important for beginner scientists and for those who lead dissertation work.

Factors caused by the development of science, V.V. Lazarev is proposed to characterize the concept of "calls", which

rye are revealed as facts of reality. Based on the orientation of science in practice, the definition of science contained in the article - "a conceptualized set of verified knowledge about what is and what can be in the world of ideas and peace of things in the space-time and subject dimension," I would add words "aimed at solving the real Problems of practice. "

It is proposed to divide the challenges of legal science to external and internal, which, in my opinion, allows you to clearly determine where the need for scientific work arose.

External challenges - changes in the natural and social environment cause new values \u200b\u200bto life, change the hierarchy of values. The need for a new coordination of their right, state activities predetermines the need for legal science. External challenges must be defined as the scope of legal regulation. In the definition of new values \u200b\u200bof values, the leading role belongs not to lawyers, unless they are not affected by the ideal, called finally the right. We must calmly realize that the right is only one of the means of social regulation, but not a panacea from all the troubles, it is only worth comprehending the "true understanding of the right."

The response to external challenges lawyers is mainly expressed mainly by proposals for law-conducting activities, primarily in the concepts already available in science. And only when identifying the lack of concepts of new phenomena or inadequate, existing legal instruments to resolve new ratios of values \u200b\u200band interests, internal challenges of legal science can be stated.

At the conference, answering the question: "What is the author under the internal challenges of legal science?", - V.V. Lazarev explained that under them he understands unresolved scientific problems that generate scientific debates. I defined for myself useful, as it seems,

tie "Internal Challenges of Legal Science" as crises of concepts in connection with the identified unsuitability of them to solve new external challenges: the lack of concepts of new phenomena or inadequacy of existing legal instruments to resolve new values \u200b\u200bof values \u200b\u200band interests. For example, such a phenomenon as globalization (an external challenge) caused a crisis of concept sovereignty. But such a crisis in scientific work, firstly, must be justified, secondly, there must be a decision on getting out of it. There is no solution yet, there is no scientific value, there is only the relevance of the topic, i.e. Call legal science.

If analyzing the legislation, in many respects, not corresponding to the existing conclusions of the science of legal technician, and law enforcement acts, many of which are submitted by law enforcers who clearly do not know what elements of legal relations, the stage of law enforcement, the validity and legality of the law enforcement, are evident that the overwhelming part Problems - not in the crisis of legal concepts, but in badness, at the philistine level of law-making and law enforcement activities. From here, the main internal challenge of legal science in modern Russia is the lack of decisions on legal mechanisms for ensuring the scientific and law enforcement activities. It is already sending to the second issue. But before, it should be noted that the search for such solutions distracts externally very scientific works aimed at renaming the facts of legal reality.

Famous concepts, the terms of legal science are applied to adjacent phenomena. The concept previously denoted by one is criticized as allegedly not corresponding to reality and begins to be used to indicate another phenomenon. And the former phenomenon remains unnamed or with a double name. This can be defined as "scientific raidness". Its origins - in the gymnastics of the mind, unfamiliar with practice, in the need for

being a novelty for the sake of novelty, since such a heading should be filled in the introduction of the dissertation.

All recognized value of the right right tool for ordering public relations. Named manifestations of gymnastics of the mind, the eternal taper of concepts - against orderliness. This is an eternal demolition of just built floors, and the foundation itself. So house does not build. This is discrediting science. This is the basis for excuses incurred working in legal sector: "I do not know what you yourself did not figure it out." From here and bad law practices. And sophisticated mind gymnasts can make friends with such directions, and named in the article under discussion as representatives of the most extensive part of the legal science, which can be called neophytes. In order not to be such a leaf, there must be convincing actual grounds in order to abandon the concepts of concepts already existing in science and implemented in the legal practice.

Hence the practical conclusions on the specifications of the generally known requirements for dissertation work on the substantiation of the relevance, subject, objectives and objectives of the study. The discussed article draws attention to such a stage of scientific work, transformed into formality, as approval of the topic of thesis. Indeed, already at this stage, it is necessary to clearly designate a real problem that requires solutions: external and internal challenges to legal science. And justify the absence or insufficiency of existing solutions in science.

The subject of research of lawyers - legislation and law enforcement acts for compliance with their real relations. They should show positive or negative patterns for real relationships. There is no large solid, and not selective for the illustration of the icekee of the array, the exactly named studied material - legal acts, which means that the pattern has not been detected

legal reality, conclusions are not reasonable, but speculative.

The goal is a specific problem that requires solutions. "I will consider a new way" the concept already known in science is not scientific goal, and the reason to play the gymnastics of the mind.

Hence the critical attitude to fundamentally new concepts of law and the state, none of which, with all claims to a new paradigm, did not give new systems of law and legislation, law enforcement rules. Yes, and can not give. It is impossible to change the country's legal system under born several, or even one thinker the concept they or he also brought to engineering solutions. Therefore, the paradigm by itself, and the legal system in itself. What is the value of the next new paradigm?

In the article, as in many other works V.V. Lazareva over many years, it is said about the need to approach the solution of urgent problems of practice, without limiting themselves to some one concept, do not reject those or other teachings from considerations of politics, ideology, scientific fashion. This approach is aimed at solving practical problems. Dogmatism is to combat other scientific exercises and for the purity of their "... Izm". Everything that does not fit into the dogma is denied (this can not be!). In addition to limiting the possibilities of science, dogmatism can be used by government politicians to combat unwanted scientists.

The lawyers and the power of people have one object of research - public relations. A scientist, if only he himself does not seek political power, aims to find optimal means of solving public conflicts. The owner of state power is the same goal, but with the condition of preserving power. For the ruler, their common goal with scientists is subordinate to his personal purpose: to keep power. This is predetermined by the constant opposition of this scientist, for which the egoistic interest of the ruler is not the basis

refusal from truth, i.e. Solutions in favor of society.

Scientists have no power. And to implement legal ideas, if they are not fruitless to life the tricks of gymnastics of the mind, in legislation and law enforcement practice can be possible through power. Either, rejecting the ethnic ideas about the right, one must wait for the coming of the right, which is higher than the state and will learn it. And in fact, and in another case, the products of their scientific work of the laws themselves cannot implement directly into life. This is an objective reality of legal science, which is not changed. This is predetermined by the dependent position of lawyer scientists from politicians who have won power.

This dependence generates the production of pure apologetics of the solutions of the authorities issued for scientific works, the execution of the orders of the authorities on the presentation of pre-planned results of "research" for the actual substantiation of the intended decision aimed at keeping power. In the article under discussion, this part of science is called the "servant."

In relation to power, aware of the dependence on it in the implementation of the findings of legal science, you can choose only two positions. The first is not to participate in legal practice, doing "pure science", despising ignorant and selling reality. This is all the same expectation of the coming of the right from heaven.

Another way is to combat ignorant and self-supporting power for each law, for each legal entity and thereby increasing legal practice. Yes, in this struggle power has the last word. But each individual success of science affects the trend legal Development. The unresponsibility of immortality does not stop medicine and the struggle for every life separately. The legal science should also live.

The authorities annoying the pressure of science, annoying criticism of government solutions for non-teaching and self-reliance. To prevent this press, there have been a number of tested methods for a long time. One of the

my famous: divide and conquer. For a scientific medium, it can be successfully used due to its predisposition to disputes.

You can well finance not only part of the science that is the maid. Maybe much benefit for power - in financing the fundamental championships in the gymnastics of the mind, in which scientists will fight as gladiators, giving birth to the ideology of Rat King for power. Ideology, sister not only politicians, but also dogmatism, is the best remedy for final violence with those who make practical solutions, brewed, of course, on incorrect "outs".

The role of legal science will increase when the main efforts of scientists will directly destroy the disputes between themselves, not on competitions on the gymnastics of the mind, but to combine efforts to solve practical tasks, tolerant of colleagues to the opinions of colleagues. No need to destroy scientific opponents. Almost unsuitable ideas on themselves will remain unnoticed. But to what has already been done in science, embodied in legal practice, it is necessary to treat carefully, without exposing unreasonable reignificant rename. It is necessary to continue the case, and not start all the time new, trampled in the end.

V.P. Reutov, Doctor of Law, Professor: Article BB. Lazarev, undoubtedly, is of great interest, because there are a lot of deep problems that take place in modern jurisprudence, most of its provisions deserve support and further development. In particular, I seemed very fair and valuable comments of the author, containing the criticism of the approach, which ignores the development of the right of social antagonism, the place and role of classes in the social production and consumption of social product. However, the concept of "discomfort" offered by the author, in my opinion, is unlikely to carry a significant heuristic value. It carries the shade of emotional

estimates, but largely deprived of a specific content.

Much convincingly look forward to the considerations of the author about the fact that among the main factors undergoing bourgeois revolutions in the West or the revolution of 1917 in Russia, and at the same time the emergence of political and legal research, it is necessary to call the state of the economy and political interests. An assessment by the author of the article of today's state of science with these positions causes respect and is characterized by honesty and consistency. You can only add that the articles given by the author's examples of "servant" of the science of government are not exhibited so far. I do not know how accurates are my observations, but it seems that acute critical articles on the state of the legal sphere, so to speak, "lead from the front", appear almost exclusively in publications of public organizations and educational institutions. Editions belonging to state structures prefer "guests" and "surrounding" publications. This can also be said about dissertation studies. The work that would contain a rather sharp assessment of the state of affairs, it was unlikely that there would be chances to be the basis for awarding it to the author of a scientific degree.

From the considered V.V. I would particularly attempted to analyze the role of legal practice of citizens and their associations on the basis of legal science challenges. However, the author is not quite right when it claims that they (citizens) are not involved in the formation of the "live tissue of relationships." The legal practice of citizens and other entities who do not have powerful powers, indirectly, through judicial and other law enforcement practices, still affects the development of law and is in the field of view of legal science.

A.S. Bondarev, Candidate of Legal Sciences, Associate Professor: One of the essential social external challenges of modern Russian legal science is the low level of legal culture of both ordinary and occupying

russian posts. The low level of legal culture of Russians significantly reduces the quality of law-conducting, application and realization of the right in the country.

In his article V.V. Lazarev writes that "Domestic Science last half a century paid close attention to legal and anti-office culture, but clearly not enough - the influence of the right to the positive development of a common culture in different manifestations." In my opinion, such an assessment, especially our legal science, regarding its attention to the study of the phenomena of legal and antitectural culture, is too exaggerated. In fact, our legal science has not yet been firmly determined even with the concept of "legal culture". A person who is not trained in the language, through which the norms of the current right, will not be able to distribute the rules of law, and the laws will remain unknown.

There are more than 250 definitions of legal culture. Most often, it is considered in the separation of its carriers of law. For example, under legal culture we offer to understand: a) V.I. Kaminskaya and A.R. Ratins - a system of extractable and ideal elements related to the scope of law, and their reflection in the consciousness and behavior of people; b) N.N. Vaganko is a set of legal values \u200b\u200bdeveloped by humanity reflecting the progressive and legal development of society; c) L.A. Morozova is a qualitative state of society; d) V.P. Salnikov - a set of all the positive components of legal activities in its real functioning, incarnating the achievements of legal thought, legal equipment and practice, etc.

Sampled samples existing definitions Legal culture does not allow to find ways of targeted impact on it - on its formation and development. As, for example, it is possible to purposefully influence the "set of legal values \u200b\u200bproduced by humanity" or "a system of extractive and ideal elements related to the sphere

re the actions of law "? The separation of legal culture from the subjects of law, its creators and carriers makes it impregnable.

Legal culture, in our opinion, is the legal property of subjects of law. It is the degree of their legal development, legal excellence, the level of abilities to create them qualitatively and effectively use the necessary legal means To achieve their legitimate goals, their legitimate interests and needs and embodying these abilities in socio-legal activity.

Legal culture is thus the complex structure - it is the alloy of true legal Knowledge (knowledge of nature, the need required through the life of the content of both objective and subjective law and responsibilities), positive legal conviction in their value, socio-legal activity of the subjects of law. These elements of it have their own complex structure.

Legal culture There is only a "living" human phenomenon. She lives only in the legal consciousness and legitimate behavior of all subjects of law. "Live" legal culture of entities of law can be determined, i.e. expressed in certain objects of legal culture. COMPLETEMENT AND DURAINING - these are two philosophical categories. COMPLETEMENT - This is the transition of the process performed by the subject in the object, the transformation of the existing ability to form an object. The distribution is a reverse transition of substitution to a living process, in the current ability: it is a creative start of mastering the subject of objective forms of culture. Ideal "lives only continuously disappearing in the sentency and as continuously arising again from the distribution."

Thus, through the "living" law-minded culture - its law-to-minded laws, skills, the subjects of law-conducting in their legal consciousness create only a mental image (ideal model) of

holding the vital rate of law. Without the definition (objectification), it is inseparable from its creator, is known only to him. The implementation of the ideal model of the norm of law is the process of transition and the incarnation of law-making knowledge and abilities of law-conducting subjects in the subject - legal normative actThanks to which he becomes public by its nature the subject of legal culture. Thus, it should be noted that the existing system of legal regulatory acts of Russia is a complex system of the defined legal cultures of the actors of lawmaking of different levels.

July 14, 2011 in Russian newspaper The "Fundamentals of the State Policy of the Russian Federation in the Development of Legal Literacy and Citizens Consciousness" were officially published, approved by the President of the Russian Federation on April 28, 2011. In paragraph 1, we read: "The development of a legal state, the formation of civil society and the strengthening of national consent in Russia requires a high legal culture, without which such basic values \u200b\u200band principles of the life of society, as the rule of law, the priority of a person, cannot be fully implemented. Inalienable rights and freedoms, ensuring reliable security of public interests. " And these basics, it is said in their p. 3, "are aimed at the formation of a high level of legal culture of the population ..."

And in our legal educational institutions to students-lawyers - the future conductors of legal culture to the population of the right culture are studied very superficially. It is considered unilaterally, only in connection with the anconscons. In the textbooks, one small chapter is given. Students do not reveal the role of legal culture as a positive "driving force" of law-conducting processes, realization of law, law enforcement, legal responsibility etc. Therefore, lawyers professionals without receiving serious knowledge of the concept, content and serious role of legal culture in the life of law, as well as on the ways of its formation

the development and development of their professional legal activities among the population does not fulfill their debt. It is: consciously, systematically and purposeful means of their legal activity to form the legal culture of their human environment.

The output suggests itself. In order for graduates of professional legal educational institutions to effectively fulfill their debt - to bear legal culture in the masses, their themselves must arm the relevant knowledge and skills. For this, in our opinion, it is necessary in every legal educational institution to have a decent course (with lectures and seminars) "Legal culture, modern ways of its formation and development".

D.N. Kruglov, Candidate of Philosophical Sciences, Associate Professor: Offer Professor V.V. Lazareva look for a way out of the crisis of modern scientific and theoretical skills through consideration of options for possible responses to objectively formed "calls" seems to be heuristic fruitful. An Arnold Toynbee proved that it was a creative minority, changing the stereotypes of thinking and behavior as an answer to the challenges conscious by them, determines the course of history.

However, if discussed separately internal and external challenges - on the part of the economy and policies, legal practice, organizational forms of the existence of science or its methodological equipment, it is easy to pass by a fundamental challenge, the impact of which comes far beyond our scientific industry. That seems to me the "outward-inner" challenge, which throws both scientists and practices, modern civilization is a challenge of globalization. Professor S.B. Polyakov for some reason believes that for the theory of state and law, this means only the revision of individual concepts of law. Although here it is necessary to speak primarily about the danger of furities in the long-term crisis in which it turned out to be

the Soviet law theory, and from which stubbornly does not want to be chosen by the post-Soviet. It's time for us to realize that modern law science ceased to be Russian, German, British or Nicaraguan. At one time, the special "Soviet" and peculiar "National Socialist" biology was rapidly developed. The results are well known. But mathematics and physics in our country were lucky, as well as and our country was lucky with mathematics and physics: attempts to come up with special, national, physics and mathematics did not pass.

At the same time, state theory and rights we have our own. Until now, the main sign of good training specialist theoretical problems The rights are good awareness about what the Soviet lawlons and our contemporaries quoting their contemporaries were once spoken by one or another.

Indeed, the special dogma of law can be created on the basis of the system of law of a separate country. At the same time, the features of the form and content of the national system in modern conditions are manifested only within one of the main legal families. The process of the transition to the information society that we experience is not only about the convergence of legal systems, but also on the folding of the global legal system (and not only and not so much in the field of international law).

Speaking at one time at our faculty N.M. Marchenko said that the most important of the legal sciences is now comparative law. This thesis now does not look so radical as 10 years ago. During this time, the problem of "township" of Russian legal science has become even more apparent.

V.V. Lazarev complains: "Many of our works famous lawyers Published in the west? " The oncoming question: and how much is in demand in modern Russia, the works of at least the European and American classics of the twentieth century? Who will rely on the Russian theore

real Right: at S.S. Alekseeva and N.V. Wit-hand or on Herbert Hart and Jerome Frank? Even the few translations that have been published over the past quarter of a century, only specialists in the history of legal thought are interested. In Russia as of March 2013, only one (!?) A special magazine on legal sciences was in the international index of scientific quotation, and that according to the criminological sciences.

In its last textbook on the history and methodology of legal science V.M. Rawthas quite rightly sets the question of forcing socio-legal research. Their development in Soviet times was blocked by the extremely unsatisfactory state of affairs in the field of sociological theory of "mid-level" and the methods of specific observations. Due to the active absorption of recognized methods and means of field research and shaft of translation literature, sociologists moved forward. The result is obvious - almost the only clear results of the empirical and social study of legal practice in modern Russia are obtained by "clean" sociologists, and not lawyers (in the center of research of law enforcement problems under EUSPB, headed by the pupil of Soviet, British and Canadian sociologists V. Volkov). Sociological jurisprudence in either one of its classical species in Russia has not yet developed, the theoretical base of legal sociology is still in its infancy, and after all, it was the sociological theory of law to decades to decades determined the main scientific trends in Western jurisprudence, since it contains an organon capable of orienting legal practice in Overall and individual areas.

Right in his axiological aspect (justice, freedom, social order) Never acted as one of the "indigenous" values \u200b\u200bof the Russian civilization. A splash of interest in legal science coincided, as a rule, with periods when the ruling bureaucracy urgently needed qualified legal

sky personnel and began to feverishly develop relevant educational institutions. So it was under Peter the first ( russian system The rights only begins to develop), Nicolae the first (this process is completed), Alexander the second (reformed towards a modern limited monarchy). The teachers of these institutions were directly related to foreign (especially German and English) jurisprudence. Until the 1770s, there was not a single Russian professor of law in Russia at all, managed by the Germans, Swedes and Swiss. In the 1840s, the best Russian graduates were sent to study to Germany and they accepted the professorship for their return. The "Golden Age" of Russian legal science was distinguished by an intense reception of the latest Western ideas, close integration of research and even the release of the same works in Russian and German, bilingualism was then the norm.

In 1918 it seemed that the jurisprudence came to an end, since the Communist Perspective eliminates the state, and after him, the right, but the collapse of the European Communist Movement and the development of new Soviet statehood demanded the renewal of the legal doctrine. And again the Germans were useful - in the end, the minions of the Vyshinsky "stumbled" as an axiom general Theory States and the rights are seriously dispersed Marxism-Leninism and Kelsen normativism (V.M. Rivech well showed how little all this is like the legal theories of Marx and Kelsen themselves).

So "answers" looked at the "challenges" of practices, education and science in the imperial Russian history.

Our modernization in the form of involvement in global integration processes is inevitable, no matter how the clerical, "patriots" and other traditionalists are driving on this occasion. By the way, all real Slavophiles knew European languages \u200b\u200bperfectly and repelled from foreign traditions. So the development of classic and modern Western ideas is not a question

so many theory as a practical question. For example, a description of how is formed and implemented judicial precedentThis American R. Dvoryanov outlines the same matrix that manifests itself in the study of mental and ideological motives, which drive our world and conventional federal judges, with all visible doctrinal difference of legal systems. There is a strong suspicion that legal thinking, regardless of the type of legal culture and even the historical era, contains some invariants, so to speak, "general grammar", thanks to which the establishment of connections and mutual influence of the ideas of lawyers belonging to different countries Both peoples have no absolutely irresistible barriers.

V.V. Bogolyubov, graduate student: Professor V.V. Lazarev indicates that "research tasks and goals are dictated not only by external, but also internal relatively independent needs due to the mechanisms of science development."

It seems that this understanding of the internal challenges of science is not quite meaningful. Internal challenges identified V.V. Lazarev based on the non-concreated concepts of "independent needs of science" and "science development mechanisms". In fact, internal challenges of science are determined based only from the essence of science itself. There is a feeling of the collapse of internal challenges from external, science from real life.

I believe that the definition of internal challenges to science needs to be suitable based on the essence of science in the projection to reality due to external challenges.

Science is the highest form of human activity aimed at obtaining truth: adequate knowledge of reality.

As human feelings learn only the outside of reality, providing human mind the primary material to establish the inside of the knowledgeable (its essence) and

external challenges of legal science are transformed into its internal challenges, due to the need to establish a real "momentary" essence of the concept, or tools with which legal science uses centuries.

Completely fair and synonymous seems to define internal calls S.B. Polesov as crisis concepts caused by external challenges.

External challenges are formed every second, since they are a consequence of the real life of real people. Internal challenges appear portion as a result of the accumulation of a certain dose of human experience. At a certain period, the number of external challenges goes into quality, the inevitability of internal calls. Science will immediately respond to the real historical need to obtain adequate answers to the questions set by the life itself.

Practice is the criterion of truth, and accordingly, the criterion for the level of scientific knowledge. The activities of the court and the "administration" is the criterion of legal truth.

The low quality of law enforcement activity is directly indicative of the corresponding low level of general legal culture, which caused the result of the absence of adequate knowledge of legal reality.

The lack of adequate knowledge of legal reality testifies to the stagnation of legal science, the absence of answers to the signals received from real life.

Legal practice requires legal science as the highest forms of human activity, obtaining adequate responses to the external challenges of reality presented in science as internal challenges.

Unfortunately, the modern Russian state does not have a rod of general legal culture, which is a continuous positive interaction

legal science with representatives of legal reality: state power and society.

This problem can be permitted only by operational state intervention: balanced legal policies rapping science and practice.

A.I. Sidorenko, graduate student: in the article of Professor V.V. Lazarev is of interest to the classification of scientific research: 1) "servants" of the current politically dominant class; 2) studies applying for the search for truth; 3) "Social alchemy", which is nothing more than what is verified. The author rightly notes that modern research, in most part, do not claim a serious "inventive" level, and carry a kind of "rationalization proposals". Moreover, a comment made by S.B. Polyakov about the importance of a new scientific situation that has no practical significance.

These are the work in which it is proposed to implement, eliminate or give a new interpretation of the concepts or categories. IN social Sciencesah, the historical nature of such concepts as "sovereignty", "Justice", "Freedom", etc., is particularly clearly manifested, etc., the use of which is currently produced in the sense that is different from the inherent in them. However, often proposed innovations do not fit into the system of available concepts, which demonstrate the incomplete nature of the research.

In addition, the remark V.V. is important. Lazareva on the impact of globalization on modern science. Given that the volume of scientific knowledge, as well as the exchange of them increase exponentially, increasingly falling in domestic legal science to perceive certain provisions of the foreign legal doctrine. Russian jurisprudence

he experienced the stage of global borrowing during the formation of the state, especially during the writing of the Constitution of the Russian Federation of 1993. IN domestic legislation There were previously referred to as "bourgeois" provisions on the rights and freedoms of a person, as the highest value. Today, the domestic theory of law is developing under the influence of foreign schools for the jurisprudence and practice of international law enforcement bodies, especially ships. One of the main problems is the correct borrowing of certain provisions, concepts, logical structures, etc. For example, in the practice of the European Court of Human Rights, the concept of " legal definity" Over time, this concept included new components ("Clarity of court decisions", "Clarity of the term during which the right may be challenged again", etc.), which corresponded to the requirements of the changing public relations and competence of the European Court. The Constitutional Court of the Russian Federation perceived these legal structures in its regulations, which later referred arbitration courts and the courts of general jurisdiction. Nevertheless in practice supreme Courts Russia legal certainty is not always interpreted in full compliance with the meaning of the decisions of the ECHR. Happens authentic text judicial act And his Russian translation does not match fully, which also makes it difficult to understand the concept of "legal certainty", which is generated by the problem of adequate perception of the foreign language of jurisprudence. Legal science should help in such situations. It is necessary to understand the origins, of which certain concepts are born. Having studied the work of representatives of Western legal science, including the Herbert Hart mentioned, Jerome Frank, it becomes easier to use borrowed legal structures.

Materials of "Round Table" "Legal Science and Its Importance in Modern Society"

PERM STATE NATIONAL RESEARCH UNIVERSITY

15, Bukirev St., Perm, 614990

E-mail: andrew.i. [Email Protected] Com.

Abstract: In Theory and History of State and Law of Perm State National Research University Held A "Circular Table" with the Participation of Professors, Graduate Students of the Scientific Club, and of the Students WHO MEMBERS OF THE SCIENTFIC CLUB, Dedicated to the Discussion of the International Scientific-Practical Conference "Legal Science and Its Importance in Modern Society", Held April 11, 2013 in Moscow State Law Academy Named After O. Kutafin. During The Meeting Were Discussed The Peculiarities of Development of Modern Legal Science and Legislation, Dependency Of Legal Science from Legal Culture and Legal Politics and Ability of Domestic Legal Science of Integration in Global Jurisprudence. Special Attention Was Given to the Article of V. Lazarev "JurisPrudence: Current Status, Challenges and Prospects (Reflections of theorist)".

Professor S. Polyakov, WHO TOOK PART IN THIS CONFERENCE, OPENED THE MEETING OF THE "ROUND TABLE", TOLD ABOUT TOPICS Covered on Mentioned Conference and Identified The Issues to Be Discussed. Also Made Speeches Professors of Theory and History of The Department of Theory and History of State and Law V. Reutov, Professor A. Bondarev, Associate Professor D. Kruglov, Postgraduates V. Bogolyubov and A. Sidorenko. During The Discussion Have Also Taken An Active Part Students A. Ponomarenko, A. Porohnina, G. Adam, A. Polyvyanaya.

The Participants of the "Round Table" Were Unanimous in Saying That The Views Which Were Expressed In The Discussion Will Serve As Reference for their Further Research.

Keywords: Legal Science; Legal Practice; Challenges to Legal Science; Politics; Scientific Work; Legal Dogma;

Its main functions

Science plays a fairly important role in public life. It allows you to correctly navigate in the world around us, with knowledge of the case to explain those or other reality phenomena. Many achievements of science, implemented in practice, have become an integral part of the life of a modern person. Computers, mobile phones and many other means of electronic technology have been so firmly introduced into the daily life of a person, which without them he simply does not think its existence. But these are merits mainly natural and technical sciences. The merits of humanitarian sciences, alas, much more modest. Nevertheless, already currently humanitarian science, including legal, is actively being introduced both into the mass public consciousness and consciousness of the power of pre-warning. In particular, research institutes of the federal and regional level play an important role in improving the legislation and practice of its application.

The most viewing social role of science is manifested in its functions, under which various directions of impact of science are understood to those or other spheres of public life. In philosophical and science, the most different functions of science are called. For example, in relation to philosophy, such functions such as ideological, epheological, methodological, integrative, cultural, axiological, ethical is called. In relation to science in general V. O. Golubytsev, A. A. Dantesev and V. S. Lyubchenko note features such as the production and systematization of objectively true knowledge, predicting new phenomena and events, cultural and ideological function, the function of science as direct productive Forces, the function of science as social force. Yu. N. Tarasov allocates such functions of science as: 1) the ideological (cultural and educational); 2) heuristic (cognitive); 3) practical; 4) Prognostic (predictive). E. V. Ostrovsky to the functions of science attributes cognitive, subject-practical, and prognostic. According to P. Ya. Fabkovskaya, science performs in society such functions as: a) the function of social memory, which is expressed in the accumulation and preservation of the experience of previous generations in the memory of humanity; b) cognitive function providing the provision of society required knowledge To properly solve problems facing him; c) educational function, which is the unconditional recognition of universal values \u200b\u200bin society and provides a progressive process of increasing its level of education. S. V. Busov and M. R. Zobova allocate such functions of science as an explanation, understanding, prediction. At the same time, the explanation is considered as a summary of the phenomenon, fact or events under some common law, theory or concept, understanding - as a method, through which one can interpret (interpret), those or other phenomena, both natural and spiritual reality, prediction - as a conclusion of assumptions On facts or phenomena from available laws and theories.

So, in the philosophical and science literature, we do not find an unequivocal answer to the question of what functions science performs. Most often here is talking about cognitive, practical, prognostic and educational functions.

In legal literature, the question of the functions of legal science also does not have a uniform decision, especially since he has not received a fairly deep research. For example, P. E. Beshenbail believed that legal science as a whole is inherent in such functions as: ontological, which consists of a statement and interpretation functions; heuristic; methodological; political; practically organizational; Ideological and prognostic.

S. S. Alekseev in one of his last work draws attention only to two functions of legal science: theoretical and informative and practical applied.

A. F. Cerdan residents to the number of the most important functions of legal science belist: empirico-descriptive, explanatory, predictive, estimated regulatory and educational.

A. G. Borisov among the functions of legal science distinguishes the cognitive (gnoseological), stateing (ontological), prognostic, heuristic, methodological and practical (applied).

V. M. Syrech allocates cognitive, theoretical and methodological, practical, ideological and socio-cultural functions of legal science.

Without going into controversy regarding the opinions expressed in the literature about the functions of legal science, we consider it necessary to pay attention to the functions of science of the theory of state and law, the question of which is designed more or less satisfactory. And although we do not find unity on this issue, however, information on the functions of science of state theory and law can be used to characterize the functions of legal science as a whole, since many, if not all, the function of science of state theory and the right to have other legal sciences. Based on this, the main functions of legal science seems to be possible to allocate gnose-based, practical, educational, ideological, prognostic and methodological function.

Gnoseological (Cognitive) The function is expressed in the fact that legal science, like any other science, carries out the knowledge of the surrounding world. She knows the state, the right, other state-legal phenomena, receives the necessary information about them and explains them from scientific positions. According to V. M. Svykh, "The main form of realization of the cognitive function of legal science is scientific research - Activities carried out by a specialist with the necessary theoretical knowledge of legal science, capable of creatively applying methods of scientific knowledge and receive new empirical or theoretical knowledge of the right and state, the laws of their functioning and development. "

Practical The function is expressed in the fact that legal science, like any science, must serve the practice. It should produce (and produces) recommendations aimed at improving state-legal construction, legislation, legal practice. In modern conditions, the practical function of legal science is manifested in all areas of the state's legal activities, its bodies. At the same time, it is implemented in a wide variety of forms by training scientifically-based proposals, recommendations on the improvement of certain aspects of political and legal practice, the participation of legal scientists in the activities of public and government agencies, directly advising the law-making and law enforcement bodies. In addition, on the task of state authorities, scientific institutions and educational legal organizations Prepare draft laws, targeted programs, other legal documents.

Educationalthe function of legal science is that this science forms certain ideas about the state in the minds of people and develops the corresponding attitude towards them. According to V.M. Syrech, the educational function of legal science is manifested in three forms. First, legal science acts as an essential factor in improving the level of political and legal culture. Secondly, it contains reliable knowledge about the state of the legal consciousness of the population, shared by them legal values, legal aspirations, other positive and negative aspects of public awareness and on this basis develops recommendations on forms and methods of conducting effective propaganda of current legislation. Thirdly, legal science develops forms and methods of government agencies and media of the active struggle with outdated views on the nature and social appointment of the state and the right in modern democratic society, as well as with shortcomings and mistakes in the activities of law enforcement, law enforcement bodies.

A somewhat different reveals the content of the educational function L. A. Morozov. Speaking about the educational function of science of state and law theory, L. A. Morozova sees the manifestation of this function in the following forms. Firstly, this function has a learning value, since the science of state theory and the rights are intended to acquaint students of legal universities with the initial concepts of legal science, to train the techniques for legal equipment. Secondly, the theory of state and law contributes to the upbringing of respect for the right, law, an increase in legal culture, since it gives knowledge of the essence, appointment of the state and law in modern society. Thirdly, arums state bodies, officials, the media the correct guidelines in the field of state-legal life. This is especially true of the bodies of justice, prosecutors, others law enforcement. It seems that all this can be fully attributed to legal science as a whole.

Ideological The function of legal science is characterized by the fact that, being a humanitarian, legal science is not free from one or another ideology, and, above all, the ideology that dominates in the state. Like any humanitarian science, legal science accumulates in its content various ideas, views, ideas about studied phenomena - the state and the right, and also develops certain ideological benchmarks related to the explanation of the state legal phenomena. This is especially true of the science of state theory and the rights as a science that performs a methodological function in relation to other legal sciences.

Legal science as a system of knowledge about the state and the right, in principle, should not depend on the dominant or other ideology, since there must be objective and explore those or other legal phenomena as they were or in reality. In this regard, the question of the deemology of science has repeatedly raised in scientific literature, i.e. the release of science from ideology. In the domestic legal science, the question of deideologicalization of domestic legal science was most acute in the late 80s - early 90s. The last century, in a turning point for our science, a period associated with a certain departure from the Marxist-Leninist ideas, which Soviet legal science was fully relied. The crisis arose in the legal science methodology. The former methodology turned out to be an insolvent, not responding to the spirit of time, the new methodology of science has not yet developed. Under these conditions, a slogan was arose about the deideologicalization of legal science, under which it was often understood not only by the liberation of legal science from the ideology of Marxism-Leninism, but also from ideology at all. Currently, passions around the deedology of legal science have somewhat dull, but the problem remains. Without going into details, we note that weighing science, including legal, from ideology is utopia. Any scientist, exploring those or other issues of the state-legal life of society, is always based on any ideas that are part of his worldview and which it inevitably brings into science together with its scientific surchates. On the deideologicalization of science, including legal, we can speak, in our opinion, only when the dominance of any one ideology takes place in science, when ideological monism is prevalent and there is no place for ideological pluralism.

Legal science, like any other science, should also perform prognostic function. The essence of the prognostic function is that legal science should predict the development of state-legal phenomena. Revealing their patterns, it should predict both the near future and the prospect of scientific hypotheses (assumptions). Legal science forecasts should be associated not only with the prospects for the development of the state and law, but also with the prospects for the development of certain sectors of law, with the prospects for the development of legislation in each particular country.

Methodologicalthe function of legal science is manifested in the fact that legal science, like any other science, contains the necessary knowledge base, from which any scientist is repelled, exploring this or that legal problem. As A. F. Chardansev notes, "Legal Science as a whole formulates such regulatory (methodological) provisions, as principles (rules) of a scientific study of state-legal reality, various kinds of practical, expedient activities in the field of law-conducting, law enforcement, the realization of the right to wide The meaning of the word ". It should be said that the question of the methodological function of legal science is solved by lawyers in ambiguous. In particular, some researchers believe that only theoretical fundamental sciences can be performed this function. So, for example, A. A. Ushakov writes: "Since the methodological function of one or another science is based on the use of the most common patterns in solving specific tasks, only theoretical fundamental sciences can be performed. As for private applied sciences, they are performed or methodical, or technical function" In this regard, we share the position of E. G. Yudina, who believes that "in fact, any scientific theory performs methodological functions when it is used outside its own subject, and scientific knowledge as a whole plays the role of a methodology in relation to the aggregate human practical activity." .

Among the functions of legal science are also called such functions as ontological, heuristic and political and managerial. In our opinion, the allocation of these functions of legal science, as well as the relevant functions of the science of state theory and law seems somewhat problematic. So, the allocation of ontological function is very problematic. The essence of the ontological function, as noted, for example, V. M. Korean, is that the theory of the state and the right, performing this function, answers questions, what is the state and the right, how and why they arose, they are in Currently, what is their fate, etc., since ontology is the doctrine of being, under which the foundations, the principles of being, its structure, and patterns are investigated. It seems that finding out what is the state and the right, how and why they arose and what they are currently at present, fully enters the content of the gnoseological function. As for the clarification of the fate of the state and the right, this refers to the prognostic function of the science of the theory of state and law and legal science as a whole.

There is no need for the selection and heuristic function. "Euristics," writes V. M. Korel, is the art of finding truth, new discoveries. The theory of state and law is not limited to the knowledge and explanation of state-legal phenomena, and opens up new patterns in their development, in our time, in particular, in a market economy. " Heuristics as the art of finding truth, new discoveries are also fully covered by the content of the gnoseological function, since the goal of scientific knowledge is in finding truth, as well as in the opening of new patterns. In this regard, it is not by chance that some philosophers have already been noted, the gnoseological function of science is called heuristic function.

The allocation of a political and managerial function is erroneous. According to V. M. Korele, the theory of state and law, performing this function, is designed to form scientific basis both internal and foreign policies, to ensure the scientific relations of public administration. Science, indeed, may have to develop recommendations for the formation of the internal and foreign policy of the state, to ensure the scientific relations of public administration, but science does not forms state policynor public administration. This is the case of the relevant state structures. At best, scientific recommendations for the formation of the internal and foreign policy of the state, state administration can be attributed to the practical function of legal science.

So, not trying to analyze and critically evaluate as many statements as possible regarding the functions of legal science, we believe that the essential, practical, educational, ideological, prognostic and methodological function is quite enough as the main functions of legal science.

Since the ancient times, people were interested in the question of what the right is and what is the state. Philosophers, thinkers and in Ancient RomeAnd in the ancient East, one way or another concerned these issues. They put forward their judgments, their theories about the role and place of law and the state in the life of every person and society as a whole. This question was interested in them primarily because the right and the state and in the ancient, and in modern societies affect each of us. At each stage of the development of human civilization, there were ideas about the right and state, their role in society, about their social purpose. But with the development of society, many provisions of legal science have undergone changes. This is due to the evolution of the worldview, many vital landmarks and human values.

Society, like nature, exists and develops according to certain laws. The laws of development of society and human being are studied by philosophy, history, ethics, sociology, economic and other public sciences. The number of public includes legal science. It reveals the patterns of the existence, functioning and development of law and state, political and legal consciousness, political and legal relations. Legal science is designed to objectively reflect the studied phenomena and arm a person with knowledge of the nature and essence of legal phenomena.

What are the conditions for his communication with other people? Reasonable working conditions are needed, consent around these conditions, norms, rules of living together. Man is a public creature. From here it follows that consent needs to be issues of law. These or another understanding of the nature of a person determines this or that model of public existence. What are the conditions for communicating in life together? Will consent to joint existence take? The answer to these questions is one: the state is created mainly to protect and satisfy the needs of a person, his rights and freedoms. In matters of identifying the nature of the relationship between the individual and the state, some scientists proceed from the understanding that people, relying on achieving their knowledge, consciously determine the conditions for their communication and their lifestyle. Thus, they deliberately conclude a public contract (agreement) to ensure mutual security and justice.

Legal science is a knowledge system about the basic and general laws of the existence and development of law. Legal science explores the social nature of law, gives an explanation of the essence of law, shows the social appointment of law in society. Scientific provisions, conclusions and main categories of this science occupy an independent place in the Social Science system. The specifics of this science, allowing it to allocate it in an independent branch of the Society, consists primarily in the fact that only it has the main and main object of its research and state organization societies.

Features of legal science is that it is, first, by social and humanitarian science, the subject of which is compiled by public phenomena - the right and state. This is different from a number of other sciences (natural, technical).

Secondly, political and legal science examining such public phenomena, which directly relate to the field of law, policies, government activities. It is different from other public sciences directly not learning legal phenomena. Thirdly, general theoretical science examining the main and general patterns and common features functioning and development of law.

Fourth, the science of the philosophical (methodological) character. Lighting the general patterns of functioning and development of legal phenomena, it specifies the provisions of philosophy in the field of law, develops methods (i.e., methods) study of legal events.

Legal science as a socio-humanitarian science, the science of man in its public relations interacts with other public sciences: philosophy, history, economic sciences, sociology, psychology, cultural studies, political science, etc.

Legal science is closely interconnected with philosophy - Science on universal laws of nature development, society and thinking.

Based on the provisions developed by the Philosophy of Public Development, legal science considers the most common patterns of the functioning and development of such social phenomena, as the right and the state.

Jurisprudence as science was not formulated right away, and therefore here we use the term "theoretical knowledge of the right." The formation of theoretical knowledge of the right occurs only through the formation of philosophical knowledge of society. This is a single process that occurs simultaneously. The very formation of philosophy is connected, in particular, with the meaning of power, the right. Philosophy has always determined the style of thinking, ideological benchmarks. To the emergence of theoretical knowledge of the right, the philosophy of law was needed (theoretical knowledge of the right).

Within the framework of philosophy, there is an understanding of the concept of individual freedom, its predetermined by spiritual and material living conditions. From the time of antiquity and to the present there is a process of philosophical understanding of this complex manifestation of human behavior - freedom of a volitional choice of behavior. It is with freedom of volitional behavior that many outstanding thinkers and philosophers associate the emergence and development of such a complex social phenomenon as the right. The question arises: whose will the will expresses the right? States, people, dominant class or is it a certain measure (scale) of freedom within a certain society? The solution of scientific and practical problems in the field of jurisprudence also depends on the proper understanding of these issues.

Legal science is closely related to historicalscience, which studies the history of human civilization in all its diversity. Today's right is the result of the preceding historical development of society. From how we present the history of social development, it largely depends on how we will submit the right and related other legal phenomena. Relying on specific data of historical science, the theory of law explores the most common patterns of the emergence, functioning and development of state-legal phenomena.

Each stage of historical development allows us to show the specific features of the functioning and development of legal phenomena of this era. For antiquity, history is a circulation of political and legal forms (Polybius, Plato). Polybii argued that the monarchy appears as a result of the public contract. Then the monarchy is degenerated into tyranny. Intellectuals appear in tyranny. Then tyranny goes into the aristocracy, which will first take care of honor, dignity, equality, but then abuses the power (corruption, the arbitrariness becomes the norm). In turn, the aristocracy goes to the oligarchy and the society is divided into rich and poor, between which the struggle takes place. A democratic form of government is established. However, this democracy again turns into anarchy. Again the strong power of the monarch appears.

The history of the Middle Ages shows us the development of the idea of \u200b\u200bindividual freedom. Although theology has ventricically dominated all spheres of public life, medieval political and legal thought continued to make a certain contribution to the development of ideas about the rights and freedoms of the individual - the Great Charter of Valibilities (1215). In the socio-political life of England (XIII), institutions of parliamentarism are established judicial authoritywithout which the guarantees of personal freedoms are impossible.

The history of the New Time gives a rich material not only the high development of political and legal thought, but also the legislative consolidation of the Institute of Fundamental Rights and Freedoms of the individual, the principle of separation of the authorities, the independence of the judiciary, legal organization Public device.

Legal traditions that have developed in the era of the New Time, and a new look at the right to serve as the initial point of the democratic device of modern Western European countries.

Legal science is always closely connected and interacts with the science of society - sociology. The term "sociology" was introduced into the scientific turnover of the French philosopher with an Auguble right (it is called the father of sociology) in the work "Course of Positive Philosophy" (1842). Then this science was developed by the English philosopher, the sociologist of the middle of the XIX century. Spencer. Further development and recognition of sociology as science received when they developed and formulated the main theoretical concepts in the field of studying social phenomena (Karl Marx, Max Weber, Emil Durkheim, etc.).

Sociology is a science that studies the structural elements of society in relationships, the conditions of their existence, as well as the functioning and development of all parties to the activities of people in society.As part of sociology, you can allocate a new scientific direction - sociology of lawwhich considers the legal system in close relationship with life, public practice.

The sociology of law originated at the junction of the XIX-XX centuries, and in Russia began to develop in the 20s. last century. N. M. Korkunov, S. A. Muromtsev, N. N. Kareyev and others who made a significant contribution to the development of legal thought, developed sociological approach To the concept of law. In particular, N. M. Korkunov determined the right as a measure of distinguishing of the interests of people, and S. A. Muromsev - as a legal relationship.

The sociology of law distinguishes, as it is about the "right in life" and with the "right in books", and also studies, what public phenomena are in fact, including "right in life", and compares it with "right in books " Specific sociological studies in the right make it possible to explore the legal phenomena existing in society, and on this basis to improve the legal system. Legal phenomena (legal consciousness, legal relations, legal norms) have their own social conditionality. Specific legal institutions and norms arise on the basis of and taking into account certain social relations. From how correct legal institutions and norms reflect the system of existing social relations depends on the efficiency of functioning and development of law. In turn, the right also contributes to the further development and improvement of the social relations regulated by it. Legal relations Insoligably linked with economic, political, organizational (management), family and other public relations.

Consequently, sociological studies in the right provide jurisprudence to the most important factual material, which contributes to the reform and improvement of legislation, as well as the implementation of legal prescriptions in the social behavior of the individual and social groups. In turn, the general theory of law serves as the methodological basis for sociological studies. And the results of these studies contribute to the development of the theory of law.

Legal science closely interacts with psychology (from Greek. Psyche - "Soul", Logos - "Teaching, Science") - science on the patterns of development and functioning of the psyche as a special form of vital activity. The human psyche, the essential characteristic of which is consciousness,it is the product and the function of biological and social processes. Consciousness of an individual subject has its systemic and semantic organization that gives various manifestations of psyche (cognitive, motivational-affective, operational, personal) definite properties. Psychology reveals the nature of the correspondence of valid motifs, installations,the identity orientations of her ideas about them.

Psychology examines only a certain aspect of human activity, i.e., the dependence of human behavior on biological and social factors. Within the framework of psychology, they allocate legal psychology, which studies the patterns and mechanisms of mental activity of people in the field of regulated relations.

One of the founders of the psychological theory of law is L. I. Petrazhitsky. Petrazhitsky believed that there is the right official (positive), which is expressed in the laws and other acts of the state, and intuitive law, the origins of which are rooted in the psyche of people. Multiple groups of people possess intuitive right. A person in his relationship with other people is constantly facing various psychological experiences (emotions), encouraging him to make certain actions. According to L. I. Petrazhitsky, from such emotions and develops an intuitive right, which occupies a primary place in regulating property, family, hereditary and other relations. The problem of law, in his opinion, is in the field of human psyche. Under the right, he understands the legal consciousness and legal relations.

Theory L.I. Petrazhitsky acquired widespread recognition at the beginning of the 20th century in Russia, and later, thanks to the efforts of his students J. Gurvich, P. Sorokina, N. Timashev, and beyond. P. Sorokin said: "How can we understand not the fact that the right, but in general the relationship between people, only one actions of people who are not paying attention to the motives of these actions."

Incredible bond exists between jurisprudence as science and economic Sciencesoh, which gives an analysis of the market economy (production, distribution, exchange and consumption of material goods). Economic theory is not exploring resources as such, but the economic behavior of people in the field of manufacturing material benefits is the basis of human life and society. Production reflects the interaction, firstly, humans and nature, and, secondly, people in the process of them economic activity. The result of production is the creation of material and intangible benefits that satisfy human needs.

When satisfying its subjective interests, people are everywhere before the need to choose alternative ways to use limited economic benefits. Naturally, in order to implement its rational behavior, individuals must have freedom of choice. With the development of civilization, the degree of freedom of choice of economic behavior increases, which is associated with the gradual liquidation of the estate, caste, political, ideological, legal and other restrictions of this freedom. The ideas of freedom, equality, mind and progress are final incarnation in the market economic relations of the new time. Subjects of market economic relations - Bourgeois announced their inalienable, inalienable rights and freedoms, which were then legally enshrined.

Based on the provisions and conclusions of economic thought, the theory of law considers all legal phenomena in organic communications with economic conditions of people's living, reveals their active reverse effect on the economy. A developed legal system contributes to the progress of economic relations, an increase in the welfare of the people.

Legal science also interacts with Culturalology - science on the essence, patterns of existence and development, human significance and methods of comprehending culture. Culture is all that is valuable, which is created by mankind. The primary value is a person (his right and freedom), the development of his personality. Therefore, the degree of cultural development is determined by its attitude to the freedom and dignity of the person and the possibilities provided by it for creative self-realization of a person as a person. Culture is the realization of human creativity and freedom, from here - the diversity of cultures and forms of cultural development.

Culturalology studies not only the culture as a whole, but also various, often very specific areas of cultural life, including the right as a phenomenon of civilization (we are talking about the social value of the right). The largest sociologist P. Sorokin in his main work "Social and Cultural Dynamics" considered the right as part of culture.

According to the theory of "multiplicity of cultures" (FR. Von Savigny): "What a culture, such and the right". This explains the presence of various legal systems in each country. However, in the modern integrated world there is a process of rapprochement and mutual enrichment of national legal systems and their coordination with international law.

Thus, cultural studies contributes to the development of legal institutions, and the achievements of the general theory of law and jurisprudence as a whole, in turn, make a significant contribution to the total culture of mankind.

the question of the interaction of the theory of law with politicalology- science about politics, political system of society. Modern political science is closely intertwined with the theory of law. And political science, and the theory of law studies the state. But the state is studying in different ways. The subject of political science, American scientists consider the political system of society (the totality of the state, parties, public organizations), and European political scientists, in particular, French scientists believe that the subject of political science is the relations of people about power in society: the study of power in various fields; Analysis of the relations of people about the authorities not only in the state, but also in other social formations.

In political science, the state acts as one level of political power. In the theory of law, the state is a public-legal community that has sovereignty, operating within the framework of law and carrying out activities based on the principle of separation of the authorities and the mutual responsibility of the individual and the state.

Thus, the theory of law does not study the state as an element of the political system, but considers it as a public community that has certain signs (forms of the state, political regimes in connection with the legal framework).

For political science, public administration is a society management in order to harmonize the various interests of social groups in order to mitigate conflicts in society between groups - consensus through the conflict. For the theory of law, public administration is the management carried out by three branches of power: legislative, executive and judicial.

For a lawyer, the legality of political power is its constitutionality, and for the political scientist the legitimacy of political power is its recognition by the majority of the population based on different values. The following types of legitimacy are distinguished: 1) Belief in the right (Western culture); The need for reforms based on legal principles; 2) Vera in a charismatic leader, such as Hitler or Stalin (Harisma (Greek) - "Prophets with a special gift of impact on the audience"; This type of legitimacy is characteristic of Russia); 3) Faith in tradition is a traditionalist type of legitimacy (still Confucius said that the power of legitimate, if it relies on the established customs, traditions, rituals; the bad leader who conducts reforms, not believing with the traditions in society).

Thus, legal science is a socio-humanitarian science, which differs from other socio-humanities by the fact that it studies how the right interacts (as a social phenomenon) with other social phenomena and addressed the person as a higher social value.

All proposals for reforming legal science carry a charge of positive knowledge. But a person with his free socio-creative potential should be put at the head of legal research. After all, it is no secret that the majority of approaches in the study of legal reality or generally excluded a separate person from the circle of the problems discussed, or only indirectly affected the issues of legal existence. Essentially theoretical developments separated the right from concrete person, From its forms of existence. Everything has reduced only to the fact that a separate individual should always follow the settings and rules that are created without it. (Although the person is valuable, which is capable of independent work.) Legal science should not withdraw responsibility for not developing the creative potential of the personality, but only contributed to the creation of a human legal alienation.

The choice of man as a goal of legal research is not accidental, since all other theoretical designs of the Company's device led to negative consequences for the entire social system.

It was the idea of \u200b\u200ba person's free creativity that should find a legal understanding in the framework of theoretical senationalwareness, and only then come true in everyday human practice. The transition of theoretical thought to the idea of \u200b\u200blegal freedom is a decisive factor in the establishment of a new type of jurisprudence.

All this gives reason to talk about the creation of such a theory of law, which would ensure the actors - the creative starts of the individual, giving him the opportunity to know the objective circumstances himself and act in accordance with the reference, forming a new legal worldview.

Currently, the right as ever needs a theoretical and practical justification so that it can become a real social phenomenon, and not just a fictional product of pure abstraction. From here and should follow such a theoretical solution that would allow to achieve the goal of creating a creative activity of the personality that gives the right dynamic properties.

A very important direction for the development of legal knowledge, in the opinion of some authors, is the formation of such legal disciplines, as the philosophy of law, sociology of law, law political science, legal cybernetics, legal anthropology, legal logic, legal statistics, legal informatics and some other disciplines. These and other legal disciplines are formed at the junction of jurisprudence with related sciences. Their appearance suggests that the former interdisciplinary bonds of jurisprudence with related sciences (the development and use of their methods and techniques of research, some theoretical provisions, etc.) no longer satisfy the theoretical and cognitive needs of jurisprudence, and it needs to systematically develop the relevant circle Problems in the framework of new independent legal science.

At the same time, the presence of such legal disciplines, as the philosophy of law, sociology of law, legal anthropology, legal cybernetics, etc. It does not exclude the formation of the same disciplines such in their name, which, however, would relate to related sciences to their subject. So, along with the philosophy of law as a legal discipline, the philosophy of law as a philosophical discipline as a special philosophical science has developed and develops. The sociology of law in the form of sociological discipline, legal anthropology as anthropological discipline, legal cybernetics - within cybernetics, etc.

The process of forming new legal disciplines and scientific directions is a natural and fruitful direction of modernization of jurisprudence, a significant indicator of its compliance with the current level of general scientific achievements and its ability to further development. In general, the development of interdisciplinary bonds of jurisprudence with other sciences is not an easy borrowing from related sciences of ready-made knowledge and their direct use in legal research, and the creative process of improving and deepening specific legal knowledge, taking into account the cognitive experience and achievements of other sciences.

Only such a way can lead to the actual deepening and development of legal thought, enrichment and increment of legal knowledge.

Russian jurisprudence will have a lot to do in this direction. At the same time, it is necessary to take into account both the achievements and trends in the development of modern science and foreign jurisprudence and experience, features and specific tasks of the emerging post-Soviet jurisprudence in Russia. It is essentially about the transition from the former communist ideologized jurisprudence, permeated by force-order right-mindedness and ideological plants for death and rights, to the new concept of jurisprudence, oriented on one or another form of legal affecting, recognition of the initial legal meaning, value and inalienable nature of rights and freedoms of man, the necessary legal framework and characteristics of the constitutional system, civil society, the legal state and the legal law.

At the same time, it remains inextricated, in many respects unclear and uncertain the concept of the development of jurisprudence in modern Russia itself. In the stream of current publications and ideas about the ways of the development of post-Soviet jurisprudence, several conceptually different directions can be distinguished: a liberal-democratic direction; the former Marxist-Leninist direction; Tradiomalist (anti-Paddnic direction appealing to pre-revolutionary Russian jurisprudence in its soil-Slavophile interpretation).

Another problem, according to some experts in the field of law, is a transition from the concept of "legal state" to the notion of "jurisprudence". In general, the understanding of the movement from the law to the jurisprudence observed in the last decades, which makes it possible to formulate some conclusions that have a certain value for penetration into the essence of legal and legal phenomena. To their number, we would attribute the following: the starting point, the prompt cause of all kinds of research in the field of legal science is the availability of lawyers in human society, specialists in developing and use legal rules, behavior; Needs in lawyers, the need for constant improvement of legal knowledge prompted to prepare personnel in the specialty "jurisprudence", which, in turn, affects; on the development of legal science; The presence of a practically necessary specialty "jurisprudence" requires an explanation, from which it consists and why it needs a society. This is the basis for the emergence, development and expansion of legal science; Jurisprudence in all areas (not only in the field of the name of the professional specialty) today and in Russia should come to replace the concept of "legal state". The fact is that jurisprudence is much larger than "lawworthy", aims to disclose the essence of the role of a lawyer in society, to study it for legal practice. The law faculties of universities (which is century for century) are not only a place where the science of law is trained, but also educational institutionswhere professional lawyers are preparing.

Legal culture is an indispensable component of universal culture. A genuinely cultural society is where the deployed and consistent system of legislation is developed and operates, reflecting universal spiritual values, where the rights of individuals are provided and defended, the regime of legality and law is dominated, where legal monuments are preserved as immutable cultural values.

Legal culture, reflecting the level of legal civilization of society and including the progressive achievements of foreign legal systems, unites everything that was created by humanity in the legal sphere, namely: the right, legal science, legal consciousness, the practice of lawmaking and judicial activity, Legal worldview, national roots, historical memory, legal customs and traditions. This is due to the social, economic and spiritual system of society the internal state of his legal life.

Legal culture involves sufficient importance by officials and citizens legal norms, their legal literacy, ability, skills to use laws in practical life, high degree of respect for the authority of the right, its objective assessment as the necessary social value for the normal functioning of the civilized community of people, the atmosphere of the lawsurance of the individual, sustainable habits, the internal need for the observance of the law and the socio-legal Activity of Ivannikov I.A. Concept of legal culture // Legality. 1998. №3 ..

The necessary element of legal culture is also the presence of in the country of the designed, covering all the main areas of relations, universal, internally consistent and technically advanced legislation, consistently reflecting the ideals of democracy, freedom and justice, high level of its codification, orderliness and information security.

The legal culture also includes a high level of law-conducting activities in the country, timely and qualitative accounting in the legislation of new trends and the needs of the development of society, the democratic framework for the preparation and adoption of new regulatory solutions, active use of the rules of legislative equipment developed by the global practice. The effectiveness of the law enforcement of the management and law enforcement agencies, the authority of the courts and other bodies engaged in crime, their ability to overcome this social evil, is also important.

The level of legal culture is also manifested in the degree of legal science in the country, the effectiveness of legal education. Caring for historical legal monuments (in our country it is, for example, Russian truth, Tsar Aleksey Mikhailovich, a set of laws of Tsarist Russia, etc.), their protection, preservation, scientific studies are also the necessary elements of legal culture state and law theory. Tutorial / Ed. L.I. Spiridonova - M.: Beck, 2000 ..

The real level of legal culture in each society and at different stages of its development of unequal, which depends on many different characteristic factors. This is the level of development of the country's economy and the well-being of its citizens, national, religious and other features, the political system and the ability of the authorities to establish and protect legal institutions, to withstand the arbitrariness, prevent the offenses, degree of development of legal science and education, etc. in modern russian state Such a level as in relation to individual citizens and to the whole society as a whole, unfortunately, is still not enough, and it is necessary to make a lot to overcome legal nihilism, increasing the authority and effectiveness of the legislation, its ability to be an effective tool for creating law in our country states.

Since legal culture involves sufficient importance by officials and citizens of legal norms, their legal literacy, the ability to use the laws in practical life, the high degree of respect for the authority of the right, its objective assessment, as well as the degree of development of legal science in the country, can be concluded that all of the above is impossible to implement without knowledge of the right, which gives a legal education, which is a necessary element of legal culture.

Legal science is an important area of \u200b\u200bhuman activity. Legal science is a system of special knowledge of the right, legal phenomena, as well as those social phenomena that directly interact with the right. The subject of this science is: the laws of the state and law, legal matter and the dogma of law, the technique of jurisprudence. All legal sciences can be divided into:

1. Historical and theoretical;
2. Industry and inter-sectoral;
3. Applied;
4. Sciences studying foreign and international law.

Consider the historical experience of legal education in Russia.

The experience of Russian legal education is unique, although its temporary framework actually constitutes only two and a half century. It is characterized by trends related to the historical experience of the development of legal education within the XVIII - early XX centuries. Legal education and legal science acted as a tool for the formation of a certain content of legal consciousness and legal ideology, maintained to one degree or another (depending on the liberalization of the political course or strengthening its conservative principles) the interests of the supreme power and its environment, justifying and protecting legal basis absolutism, the estate structure of society, social inequality, differences in the legal status of the population.

The interaction of legal education and legal science manifested that the separation of these sociocultural phenomena is possible to spend very conditionally. The training of lawyers required the development of theoretical and practical fundamentals of jurisprudence, from theoretical "reasoning" to benefits for practical training and jurisdictional activities, which in turn led to the development of legal science. If by the end of the XVIII century. There were only separate, few work on state-legal issues, in the first half of the XIX century. The very role of jurisprudence in the development of a legal system and the role of jurisprudence in the development of the state-legal system is indicated, its directions are determined, the studies and reflecting their result are developing dynamically. The second half of the XIX century. It is characterized by the flourishing of Russian legal science, its role in the modernization of the country, recognizing its schools and trends in Europe. It is characteristic that the famous Russian lawyer N.M. Corkunov at the beginning of the XX century. He emphasized that "in someone's one-year-old, we almost managed to convince the difference of six centuries from Western lawyers.

Of particular importance, the development of legal education was to develop professional legal consciousness of officials, a general attitude to legal institutions, led to the formation of legal culture as a necessary component of social progress. Under the influence of legal education, as well as the propaganda of modern political and legal ideas and values, public consciousness in Russia moved to the recognition of the idea of \u200b\u200bthe rule of law, legality, law enforcement as elements of the development of legal culture. It was the development of legal education that contributed to the formation of a layer of lawyers capable of preparing and implementing a number of reforms in the Russian political and legal system.

In modern Russia, the term "education" should be considered in two aspects: as a system and as a process. The education system develops from regulatory acts regulating as an order of formation and operation educational institutionsand determining the main directions of educational policies, educational institutions, relations in the field of education. The formation process is a complex attitude, in which some subjects provide educational services, while others use them.

Legal education is associated with the preparation of lawyers - professional certified specialists who have certain knowledge of the right of both the regulatory and security system; skills - practical abilities that allow adequately to respond to emerging legal situations (incidents); skills - dynamic stereotypes of behavior in a standard legal situation, which are developing in the course of practical activity in one or another sphere of legal regulation.

In modern Russia, the main problems in the field of legal education are:

one). Informatization of life - a sharp increase in the volume and speed of information of information in modern society;
2). Functional illiteracy, that is, the inability of a worker or a citizen to effectively fulfill its professional or social functionsdespite the education gained. This was the consequence of not only information boom and informatization, but also sharply increased social speakers.

Functional illiteracy exacerbated the problem of the quality of education and complicated its decision - not enough for professional training and requirements of the customer (training, employer, society, states), it is necessary to coordinate the rates of changes in the other, otherwise not only delay, but also run forward or even Gain from higher school.

It turns out that legal education does not fulfill its main function - training specialists adapted to the realities of legal regulation in this political and legal system at this stage of its existence, and this, in turn, leads to a decrease in the effectiveness of the mechanism of legal regulation. The position can be further aggravated in connection with the transition to the two-level system. higher educationIf the training of lawyers will be fully translated into the level of undergraduate with a four-year learning period. Neither the investigator nor the investigator nor the prosecutor nor the judge, nor a lawyer nor the teacher of law who received a bachelor's degree to exercise their powers will not be able to properly, since the overall level of their vocational training will be inevitably reduced. Theory of State and Law. Tutorial / Ed. L.I. Spiridonova - M.: Beck, 2005.

The decision of the above-mentioned problems should be carried out within unified Concept optimization of the system of legal education. An important place in this concept should be allocated to issues related to the development and implementation of effective methods and methods of educational activities. After all, the profession of a lawyer is socially significant for all industries and the effective development of the country's economy, especially in terms of the construction of a legal state and civil society. In addition, a highly educated lawyer is a competent professional in all areas practical application Rights, an expert capable of promptly and high quality solve issues and problems arising in legal practice. And for this requires a longer period of theoretical and practical training.

annotation scientific article on the right, the author of scientific work - Sidorenko A. I.

Similar topics scientific work on the right, the author of scientific work - Sidorenko A. I.

Materials of "Round Table" "Legal Science and Its Importance in Modern Society" 1

Text of scientific work on the topic "Materials" Round Table "" Legal science and its meaning in modern society ""