Before talking about the subject of the general theory of law, it is necessary to understand what the concept of "subject" of science is in general. Under this concept, legal scholars consider everything that this science studies. In other words, if we exaggerate, the "subject of science" answers a simple question - what is being studied?
Now let's get back to the theory of law. What is meant by the subject of this discipline?
Everything is simple - these are the patterns and phenomena on the basis of which the formation, development and functioning of the state and law in their close relationship takes place. Thus, the general theory of law studies these phenomena and patterns, but from a legal point of view.
However, the subject of the theory of law includes, in addition to the above phenomena and patterns, legal concepts, legal principles, models of legal activity, as well as forecasts for improving practice.
Now let's pay a little attention to the aforementioned "regularities". So, the general theory of law considers the patterns:
- increasing the role of the state in the life of the whole society;
- increasing the subjective factor in the work of government agencies;
- an increase in various threats and directions for countering these threats;
- increasing the role of the state in the management of civil society;
- increasing the role of international law;
- increasing the level of general social affairs;
- increasing directions for the unification of legislation.
In addition, speaking about the subject of the general theory of law, it is worth noting that today there are two theories, according to which:
- in the first case, there is a tendency to "narrow" the subject of the theory of law;
- in the second - to "expansion".
"Narrowing" is justified by the fact that new legal sciences are emerging, and "expansion" is justified by the emergence of new problems of a legal and ideological nature.
