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История государства и права России. Предмет, задачи и метод истории государства и права России (самое важное)

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1. Subject, tasks and method of the history of the state and law of Russia

History of the state and law of Russia is one of the legal sciences.

Law science is a set of ways of knowing and defining law, its sources and principles.

History of domestic state and law is an independent historical and legal science that studies the process and causes of the emergence of the Russian state, its development at all historical stages, the political system, state structure and legal norms that characterize the legal and state system of the Russian state.

The independence of the science of the history of the state and law of Russia is associated with:

1) an independent subject;

2) specific methods of studying the subject of the history of the state and law of Russia.

The subject of study of the history of the state and law of Russia - a set of historical principles of law, the legal, state and political system of the Russian state at various historical stages.

Methods of national history of state and law is a set of techniques and methods by which the subject of a given industry is studied.

Methods are divided into 2 groups.

1. General scientific methods:

1) deductive (means that the study of law is carried out with the help of logical operations from the general to the particular, i.e., on the basis of general historical processes, particular prerequisites and phenomena occurring in law are determined);

2) inductive (i.e., the derivation of general patterns in law by comparing various kinds of particular facts);

3) exegesis (the study of law based on the interpretation of its historical sources).

2. Special Methods:

1) historical comparative analysis (i.e., with the help of a general analysis of the ideas of law, law and its development at individual historical stages are studied);

2) systematic method (the study of the history of the state and law in this method is based on the division of this science into internal, that is, the history of the development and formation of legal norms and institutions, and external, that is, the history of sources of law or power structures);

3) periodization (that is, the state and law are studied by dividing history into separate time periods in order to most fully present the material or highlight the formational features of the state of the institutions of law and the state in one or another period of time of their existence).

Tasks of the history of the state and law of Russia is the study of the historical development of Russian law with the help of the entire system of methods and techniques of scientific research.

Implementation of tasks history of state and law is carried out on the basis of research:

1) historical sources of law (all possible sources of law published in different historical periods or not published, but containing the necessary information);

2) legislative monuments (actually published official codes, laws, etc.);

3) historical legal documents (contracts, documents on current office work, population censuses, etc.). The study of the above sources of the history of the state and law of Russia should be carried out taking into account the economy and other social phenomena in the life of Russia, the laws of development of law.

Authors: Dudkina L.V., Shcherbakova O.V.

>> Forward: Domestic school of law. Periodization of the national history of state and law

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