Veliko Tarnovo, Bulgaria

Theory of the State and Law

Теория на държавата и правото

Table of contents

⇑Theory of the State and Law at "St. Cyril and St. Methodius" University of Veliko Tarnovo

Language: Bulgarian Studies in Bulgarian
Subject area: law
University website: www.uni-vt.bg
Programme: Theory of the State and Law
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.
State
We have entered a time of global transition marked by uniquely contradictory trends. Regional and continental associations of States are evolving ways to deepen cooperation and ease some of the contentious characteristics of sovereign and nationalistic rivalries. National boundaries are blurred by advanced communications and global commerce, and by the decisions of States to yield some sovereign prerogatives to larger, common political associations. At the same time, however, fierce new assertions of nationalism and sovereignty spring up, and the cohesion of States is threatened by brutal ethnic, religious, social, cultural or linguistic strife. Social peace is challenged on the one hand by new assertions of discrimination and exclusion and, on the other, by acts of terrorism seeking to undermine evolution and change through democratic means.
Boutros Boutros-Ghali, An Agenda for Peace: Preventive diplomacy, peacemaking and peace-keeping (1992)
Law
We must not, by any whimsical conceits supposed to be adapted to the altering fashions of the times, overturn the established law of the land: it descended to us as a sacred charge, and it is our duty to preserve it.
Lord Kenyon, C.J., Clayton v. Adams (1796), 6 T. R. 605.
State
The state is essentially an apparatus of compulsion and coercion. The characteristic feature of its activities is to compel people through the application or the threat of force to behave otherwise than they would like to behave… A gang of robbers, which because of the comparative weakness of its forces has no prospect of successfully resisting for any length of time the forces of another organization, is not entitled to be called a state... The pogrom gangs in imperial Russia were not a state because they could kill and plunder only thanks to the connivance of the government.
Ludwig von Mises, Omnipotent Government: The Rise of the Total State and Total War, Auburn: Alabama, Ludwig von Mises Institute, 2010, p. 46, (first published by Yale 1944)
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