History of state and law of foreign countries. History of state and law as an academic discipline (the most important)

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History of state and law of foreign countries. History of state and law as an academic discipline (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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History of State and Law as an academic discipline

The history of the state and law of foreign countries is based on the doctrine of state and law, the science of the theory of state and law.

Theory of State and Law - this is a system of knowledge about the most general laws of state and law, about the emergence, essence, functioning and development of state and legal phenomena. The state and law are studied in unity and interaction, since these are two very closely interconnected parts of legal reality. State bodies issue regulations that contain rules of law and take measures to implement them. On the other hand, state activities are carried out primarily in legal forms.

The structure of the study course of the theory of state and law directly depends on the specifics of its subject. In all educational publications, as a rule, there are two major sections - the theory of the state and the theory of law. In the theory of the state, the problems of the general concept of the state, the emergence and historical development of statehood, the functions and forms of the state, the apparatus of the state, and the significance of the state in the political system of society are usually considered. The theory of law studies the problems of the general concept of law, the emergence and historical development of law, norms and systems of law, legal acts, legal awareness, legal relations, the implementation of law, offenses, legal liability, legality, and some others.

History of the state and law of foreign countries as an academic discipline in chronological order introduces the specific historical forms of political organization of the society of foreign countries, their state mechanism, as well as the legal systems of the past. It considers the emergence and development of the most typical states, their class essence, the legal status of social groups of the population, monuments of law, and also clarifies the role of punitive bodies, courts, police, and prison institutions. The study of the history of the development of the state system in foreign countries facilitates the understanding of the forms and methods of class domination in a specific historical situation, and clarifies the reasons for the transition from one political regime to another. Familiarity with the legal systems of the past facilitates the study of current law. This academic discipline contains the basic information necessary for the study of state, civil, criminal, land law, etc.

The curriculum of the general history of state and law aims to contribute to the development of one's own view of history in general, history and state and law in particular, by providing a wide range of facts, historical examples, descriptions of the events that took place.

This academic discipline is designed to:

1) to serve the interests of the broadest training of the student in matters of state and law;

2) to provide such a degree of student training that would allow him to judge the state-legal systems;

3) create the necessary prerequisites for the best assimilation of such disciplines as the theory of state and law, the history of political doctrines, international law, as well as all other legal disciplines, including civil law, criminal law and procedure.

Thus, it should be noted that, like any science, the history of the state and law of foreign countries has its own subject.

The subject of science and the curriculum of the general history of state and law are the general patterns and specific features of the origin of the state and law, both in general and in certain regions and countries.

Author: Selyanin A.V.

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