Sofia, Bulgaria

Theory of the State and Law. Political and Legal Theories.

Теория на държавата и правото. Политически и правни учения.

Table of contents

⇑Theory of the State and Law. Political and Legal Theories. at Sofia University "St. Kliment Ohridski"

Language: Bulgarian Studies in Bulgarian
Subject area: law
University website: www.uni-sofia.bg/
Programme: Theory of the State and Law. Political and Legal Theories.
Type: PhD/Doctoral programme
Academic degree: Doctor (доктор)
Duration: 3–4 years

⇑Definitions and quotes

Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. 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.
Theory
A theory is a contemplative and rational type of abstract or generalizing thinking, or the results of such thinking. Depending on the context, the results might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings.
Law
Before I be convict by course of law,
To threaten me with death is most unlawful.
William Shakespeare, Richard III (c. 1591), Act I, scene 4, line 192.
Law
Inertis est nescire, quid liceat sibi.
Id facere, laus est, quod decet; non, quod licet.
It is the act of the indolent not to know what he may lawfully do. It is praiseworthy to do what is becoming, and not merely what is lawful.
Theory
All competent thinkers agree with Bacon that there can be no real knowledge except that which rests upon observed facts. This fundamental maxim is evidently indisputable if it is applied, as it ought to be, to the mature state of our intelligence. But, if we consider the origin of our knowledge, it is no less certain that the primitive human mind could not, and indeed ought not to, have thought in that way. For if, on the one hand, every Positive theory must necessarily be founded upon observations, it is, on the other hand, no less true that, in order to observe, our mind has need of some theory or other. If in contemplating phenomena we did not immediately connect them with principles, not only would it be impossible for us to combine these isolated observations, and therefore to derive profit from them, but we should even be entirely incapable of remembering facts, which would for the most remain unnoted by us.
Thus there were two difficulties be overcome: the human mind had to observe in order to form real theories, and yet had to form theories of some sort before it could apply itself to a connected series of observations. The primitive human mind, therefore, found itself involved in a vicious circle, from which it would never have had any means of escaping, if a natural way of the difficulty had not fortunately found by the spontaneous development of Theological conceptions. ...chimerical hopes ..exaggerated ideas of man's importance in the universe to which the Theological Philosophy ...at the commencement, ...afforded an indispensable stimulus without the aid which we cannot, indeed, conceive how the primitive human mind would have been induced to undertake any arduous labours.
Auguste Comte, Cours de Philosophie Positive (1830-1842); The Positive Philosophy of Auguste Comte (1853) Tr. Harriet Martineau; The Fundamental Principles of the Positive Philosophy: Being the First Two Chapters of the Cours de Philosophie Positive of Auguste Comte (1905) pp. 23-25.
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