History of state and law

Tompieva Z.E., Dairabaeva A.O., Musilim T.E..

Theory of State and Law in its infancy (the end of the XVI century). Called «an encyclopedia of law», «encyclopedia of jurisprudence». .It has been influenced by the ideas of Aristotle, Plato, Socrates, H. Grotius, Hobbes, John Locke, J. J.Rousseau, Sh.L. Montesquieu, G. Hegel, I. Kant, A. Radishcheva, K.Nevolina, K.Marx,F. Engels,G. Plekhanov, V.Lenin and other thinkers, determined the direction of its development.

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.Law as a system helps regulate and ensure that a community show respect, and equality amongst themselves. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.A general distinction can be made between civil law jurisdictions, in which a legislature or other central body codifies and consolidates their laws, and common law systems, where judge-made precedent is accepted as binding law. Historically, religious laws played a significant role even in settling of secular matters, and is still used in some religious communities. Islamic Sharia law is the world's most widely used religious law, and is used as the primary legal system in some countries, such as Iran and Saudi Arabia.The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law deals with the resolution of lawsuits (disputes) between individuals or organizations.Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice.

State is the organization of political power, which manages the society and ensures order and stability in it. Historically, the state can be defined as a social organization with ultimate power over all people living within the boundaries of a certain territory and having as its main goal the solution of common problems and the provision of a common good while preserving, above all, order. In the structural plan, the state appears as a ramified network of institutions and organizations embodying three branches of power: legislative, executive and judicial .State power is sovereign, that is, supreme, in relation to all organizations and individuals within the country, as well as independent, independent of other states. The state is the official representative of the whole society, all its members, called citizens..

The need for a theoretical understanding of the phenomena of political life, as the state and the right to have originated long ago. Replacing primitive social formations politically organized power required the introduction of a legal regulation of social relations and power management functions. Clarifying the value of law as a tool to influence public attitudes and functioning of the state is the main theme of the subsequent development of the political and legal thought. The emergence of various theoretical concepts, expressing understanding of the state of law and their basic institutions, as well as ideas about the relationship between law and the state, associated since antiquity. The development of views on the state and the law in an era of early class societies based primarily on the general philosophical principles, religious beliefs, moral concepts. Formulation and presentation of these ideas in different periods of social development has been the lot of the representative of the slave-owning aristocracy, priests, senior hierarchs of the church. Later, the baton build legal concepts of «the best» of the organization of political life has moved to the medieval burghers, the ideologists of the bourgeoisie period of early-feudal revolution and subsequent conductors ideas against authoritarianism and totalitarianism. Their theory of law and political organization of power make up the history of theoretical and philosophical science of law (its law students learn in the course of history of legal and political doctrines), which is turn is part of the law in general and the source of the general theoretical knowledge of science of law.

Referring to such fundamental sciences as the theory of state and law, it is necessary to clarify its subject matter. The problems of origin, nature, essence of the state and law, their functioning, role and significance in the life of society, state-legal reality and trends of its development, political and legal processes and their reflection in the minds of people are among the most difficult and key. Life itself put forward the theory of state and law in the number of fundamental sciences. Today, its humanistic and cultural-creative mission has come to the fore, which is most clearly manifested in satisfying the spiritual demands of people, in ensuring the rights and freedoms of man and citizen.

Conclusion. Any theory, that is, a system of ideas, concepts, judgments, acquires the status of science, when it rises to the generation of generalized and reliable objective knowledge about certain processes and phenomena of reality, proposes a system of methods, techniques (mechanism) for using this knowledge in public practice. The theory of state and law as a science is aimed at obtaining, updating and deepening generalized, reliable knowledge about the state and law, striving to learn the stable, deep connections of state and legal life that determine its historical movement. The theory of state and law refers to the social sciences, the humanities. The object of its study are such important and polysyllabic components of society as the state and law, state and legal phenomena of social life. However, they are an object of study not only of the theory of state and law, but also of other legal disciplines, of all legal science (jurisprudence, jurisprudence) as a whole as a science of state and law.