The concept of wide comprehension

The basic concepts of comprehension. The general theoretical study of the concept of law, its nature, content and form of existence in the context of the value of basic types of law and distinguishing features broad approach to understanding the law.
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CONTENTS

INTRODUCTION

1. GENERAL DESCRIPTION COMPREHENSION

1.1 Comprehension as one of the main categories of the theory of law

1.2 Basic Concepts Comprehension

2. DESCRIPTION OF WIDE APPROACH TO UNDERSTANDING THE LAW

2.1 Concept and features a wide comprehension

2.2 Value of wide comprehension of other legal

3. ISSUES OF IMPORTANCE AND WIDE COMPREHENSION IN LEGAL PRACTICE

CONCLUSIONS

REFERENCES



INTRODUCTION

Issues understanding of the law, without exaggeration can be attributed to the "eternal". Since the emergence of professional legal practice until today did exist, apparently, no lawyer who has not pondered the question, what is right, and not try to answer it.

Relevance of the topic due to the fact that legal science today is not produced a single position on the understanding of the concept of law. Undoubtedly, the right is one of the objects of knowledge and nayvazhkodostupnishyh mostly defined as a product and a tool of the state, a vehicle for political purposes rather than as a complex world, multifaceted reality with its own laws, its arrangement and the logic of development that distinguishes it from other areas of human being.

In numerous publications on the problems of comprehension are updated on methodological issues and general principles of the analysis of these problems. Positivist methodological doctrine comprehension, which had long been recognized widely, gave way to other teachings, including essentially been singled multidimensional, broad comprehension as a priority Modern Social Sciences.

When writing a term paper were used work of scholars such as N. Varlamov, M. Kelman, M. Kravchuk, A. Kolody, B. Kopyeychykov, P. Rabinovich, A. Skakun, A. Surilov et al.

A variety of approaches to understanding the complexity of the law is determined by law, ontological, political, ideological and religious reasons.

The aim of the course work is integrated general theoretical study of the concept of law, its nature, content and form of existence in the context of the value of basic types of law and distinguishing features broad approach to understanding the law. To achieve a certain goal outlined in the following tasks:

- Analyze comprehension as one of the main categories of theory of law;

- To highlight the essence of the basic concepts of comprehension;

- To characterize and define the features of a broad approach to the understanding of the law;

- Analyze the importance of wide comprehension problems and its application in the practice of law.

The object of study is the comprehension as scientific, intellectual and creative process.

The subject of research is basic types of comprehension, their theoretical and methodological and theoretical and practical significance at the present stage of development of legal science.

The methodological basis of the study is general scientific principles of objectivity, historical, research completeness. Given the specific themes, goals and objectives appropriate to use the following methods:

- Unity of history and logic - the disclosure of changes that have been or that theory, the concept of comprehension;

- Dialectic - the analysis of the ratio of natural and positive law, the relationship of the concepts of "right" and "law";

- Specially-law - when installing external signs legal phenomena, their differences between themselves and simulate their definitions.

To study the criteria for assigning types of law in the applied system-structural method, and to determine their characteristics, advantages and disadvantages - A comparative legal.

concept comprehension law



1. GENERAL DESCRIPTION COMPREHENSION

1.1 Comprehension as one of the main categories of the theory of law

Question comprehension belonging to major in theory of law. In the world there are many scientific ideas and beliefs about what is right, what is its essence. Comprehension - the process and the result of human intellectual activity aimed at knowledge of law, his perception (evaluation) and related to him as a holistic social phenomenon.

Right, like the state, is the product of social development. Legally it is formed in the state organized society as the primary regulatory control of public relations. Manners, moral and religious norms of primitive society sidelined, preferring the legal regulation of social relations. Views on the right, its origin, place and role in the regulation changed with the development of the society, maturity scientific and legal thought, the influence of objective and subjective factors.

Right so unique, sophisticated and socially necessary phenomenon for the entire period of its existence, the scientific interest in it does not fail, but rather constantly growing.

Comprehension is not possible without highlighting historical aspects of the origin, formation and development of the law, but the variety of interpretations of the nature of law, its essential features leaves its mark on pravoutvorennya problems [2, c.97].

Comprehension - a scientific category, which reflects the process and the result of purposeful mental activity a person who holds a knowledge of law, its assessment and treatment of him as a holistic social phenomenon.

The subject comprehension is always a particular person, such as: a) A citizen has the minimum legal philosophy, which is facing problems of law in general, and b) a practicing lawyer who has sufficient knowledge of the law, is able to apply and interpret legal norms in) scientist, a man with abstract thinking, which deals with the study of law, endowed with the sum of historical and contemporary knowledge, able to interpret not only the rules but also principles of law holding the methodology of the study. Comprehension is always subjective, original, although the idea of the right to be the same in the group of people walks.

The object of comprehension may be right on a planetary scale, the right of a particular society, industry, Institute of Law, certain legal provisions. This knowledge of the individual structural elements extrapolated to the law in general. It should be noted that the importance of cognitive load here are environment and interacting with the right social phenomena.

Contents comprehension skills are subjects about their rights and responsibilities, specific and general legal permissions, prohibitions, as well as evaluation and treatment of them as fair or unfair.

Depending on the level of culture, methodical provision of subject and object choice comprehension study can be complete or incomplete, correct or distorted, positive or negative [9, 113].

Normal people understand the right way it allows her own mind according to cultural traditions present era and society. For her understanding of the law in the time scale limited scope of her life. However, this does not mean that after her death comprehension disappears completely. Such elements of comprehension, as knowledge, assessment, can be transmitted to other people, and legal scholars leave behind besides writing of the law.

1.2 Basic concepts of comprehension

A fundamental problem of the theory of law is the essence of the problem and the social nature of law.

In studying the various theories and views on the right to consider the following facts: first, the historical conditions of existence of the right in which he lived researcher, and secondly, that the result of comprehension always depends on its religious, ideological, moral position, and thirdly which side is right is taken as the basis of a concept.

Modern theories of law have a common understanding of the nature of law. And while there are a set of individual concepts, trends in legal theory, among which are the basic ones. Particularly widespread in contemporary political science and the science of law were sociological, solidaristic, the normative (neo), psychological trends as well as the theory of "revived natural law" [13, 273].

According to the theory of natural law, whose ancestors were Grotius, Hobbes, Locke, Montesquieu and others., In society, along with the legal standards set by the state, there is also a natural right. Natural law belongs to the man from birth and includes the right to life, personal liberty, private property, the right to be happy. These rights are recognized as indispensable, and every encroachment upon them others, including the state, an offense or crime in general. Positive law is set by the state in the form of laws and regulations. Underlying this are natural rights. The law recognizes the extent it meets, develops and elaborates natural rights. Unjust law does not create a right - a fundamental principle of the theory [7, p. 133].

But for all its democracy theory of natural law has significan...