Is there a place for the state?
A Central idea that was voiced in the beginning of the meeting, and around which to build further discussion can be formulated as follows: legal science requires a change in the world, and therefore the teaching of the course on the theory of law has to happen around the person and position recognition of its absolute value.
Refusal of consideration of the law in new group name connection with the state.
This tendency should find its expression in everything from the name of the discipline that traditionally focuses on the relationship of law and state.
Nicolas recognizes that educational institutions related to passports specialties. Nevertheless, today we need to reconsider the relations of law and state. The appeal to history confirms that from the point of view of the General theory (regardless of the name of the science itself: the theory of law, philosophy of law, encyclopedia of law). In European science has never been the combination of the theory of law and theory of state. There was no such combination in pre-revolutionary. Unless you can remember the work “Theory of law and state in connection with the theory of morality“. But it was the subject of a consideration of law and state at the same angle of view as the bearers of morality. In one University of Europe and today there are no appropriate courses with a title which would indicate the relationship of law and state. Domestic science is on the old subject field. A consideration of the right in connection with the state, as indicated including Western scholars, impedes the analysis of new problems and developments.
As examples of such new issues, which, according, enough attention was, in particular, the problem of mutual influence of private and public law, transnational forms of law, implementation of justice, which in many countries are part of the theory of law, and the like.
Avoid overlap with science. Pointed to mass duplication of the courses of theory of state and law with the course of political science. Moreover, domestic legal science even gives preference to political topics. For this reason, you can read the article “Political science and the theoretical and historical jurisprudence: the problem of delimitation of a subject field”.
Available mass duplication of the course of political science: the state in political system of society, functions of the state, political regime, etc. This not only leads to the already mentioned overlap problem, but shifts the emphasis to the consideration of public law issues. While in the West the focus is private-legal thought. As an additional argument: the “state” perspective takes classes of the problems, “legal”, and so a little bit reserved.
But it should not be said to be perceived as the other extreme: of course, we can’t deny the obvious connections between law and state. However redetection has a right to be.
On the question of Anna Christ, what would be the optimal way of further development of the discipline, Professor that a letter was sent to the Ministry of education concerning changes in the passport of the specialty. To a large extent due to the overlap with the scientists. Today, as seen, there are two options or do a separate course of diagnosable, small; and then, by General theory of law to exclude all topics related to purely state; or write one-two-three topics in the General theory of law, considering them under the right angle.
With respect to the subject below debate of course, that was also the idea of this requirement for the rejection of this formulation, based on which the main topic of the science are General legal guidelines of occurrence, evolution and performance of the law. The General pattern could be created as natural but not as societal Sciences, depending on Professor.
The inquiry about the thesis about the rejection of this ideological component of the General principle of law which additionally appeared in the speech, it was stated that we are speaking about the need to abandon one, all-encompassing ideology. The right to remain without an Crucial component, because the existence of law is always that the ideology of merits. The actual fact this to steer clear of thought of the role of the nation at regulation will likely fail, noting that the nation is mainly linked to the kinds of regulation and also the legal procedure. That calendar year’s events regions verify the use of the state into the best.
And the latest to join at the typical concept of Instruction: issues like theme and way in the Western textbooks. Then they are not simple to perceive they’ve been still dry. Student doesn’t know, why they’re needed. Perhaps they ought to give, however about completion of the program.