Правовая наука и правовая система общества
А. Р. Губайдуллин
Abstract
А. Р. Губайдуллин
Abstract
The article is representing the correlation of legal science and legal system of the society. Legal doctrine exists together with the system of law. Relation with legal science distinguishes the family of civil law. The schools of law are developed in the legal families of Islamic and Hindu law. They are dealing with glossography of the law sources. Renewal of the content of legal doctrine takes place in Russia. This research is facing three tasks. First of all, concepts of legal science and legal system should to be defined. Secondly, it is necessary to show the influence of legal science on the development of legal system of the society. Finally, it is important to find out demonstrations of legal science in functions of legal system. The author gives examples of development of modern and medieval legal systems (Byzantium). The subject of investigation is related to the role of legal science in evolution and functioning of the legal system. The author considers conceptions of legal science and legal system. Legal science exists at the various stages of social development; it stimulates development of legal system. Renewal of legal science is possible even in the situation of regressive development of legal system. In ancient times it was closely related to mythology and religion. Legal science reveals itself in the internal and external aspects of the integrative function of legal system of the society. On the one hand, it provides integrity of the legal system. On the other hand, legal science is related to interaction of legal systems. It also has influence on implementation of regulatory and protective functions of the legal system. Investigations in the area of criminal law, criminology, and criminalistics are related to protective function of the legal system.
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The article is representing the correlation of legal science and legal system of the society. Legal doctrine exists together with the system of law. Relation with legal science distinguishes the family of civil law. The schools of law are developed in the legal families of Islamic and Hindu law. They are dealing with glossography of the law sources. Renewal of the content of legal doctrine takes place in Russia. This research is facing three tasks. First of all, concepts of legal science and legal system should to be defined. Secondly, it is necessary to show the influence of legal science on the development of legal system of the society. Finally, it is important to find out demonstrations of legal science in functions of legal system. The author gives examples of development of modern and medieval legal systems (Byzantium). The subject of investigation is related to the role of legal science in evolution and functioning of the legal system. The author considers conceptions of legal science and legal system. Legal science exists at the various stages of social development; it stimulates development of legal system. Renewal of legal science is possible even in the situation of regressive development of legal system. In ancient times it was closely related to mythology and religion. Legal science reveals itself in the internal and external aspects of the integrative function of legal system of the society. On the one hand, it provides integrity of the legal system. On the other hand, legal science is related to interaction of legal systems. It also has influence on implementation of regulatory and protective functions of the legal system. Investigations in the area of criminal law, criminology, and criminalistics are related to protective function of the legal system.
Key concepts: Legal realism, Legal science, Empirical legal studies, Legal doctrine, Legal profession, Legal research, Law, Political science