Type in the right formation and civilization approaches.

As part of the formation approach the main criteria are the socio-economic characteristics, i.e. socio-economic system. That is the basis, i.e. type of production relations is, according to representatives ofthe approach, the deciding factor in social development, determining the appropriate type of superstructure elements: the state and the law.

Our foreign colleagues generalize the concept of «legal system» with the term «legal family», while stressing that the concept of«Family Law» does not correspond to any biological reality, it is only used for didactic purposes, to identify similarities and differences between existing systems of law (Rene David, Camilla Joffre, Spinoza).

Some authors, in particular, Tsvaygert K. and H. Koetz distinguish the following legal families: Romance legal family, the German legal family, the Anglo-American legal family; northern legal family, the legal family of the socialist countries, and the remaining legal family.

With the right are social relations. The advantages of written law are: 1. opportunity to actively influence public attitudes, as State has a special device for the implementation of legal norms 2. enable quick response to the development of public relations by issuing appropriate regulations 3. easy access for law enforcers, 4. unity of action throu­ghout the country.

Normative legal acts are adopted for the regulation of social relations in the future, but over time they may become outdated.

Prof. M.N. Marchenko notes: «The typology or classification by type of government and legal systems is objectively necessary, natu­ral process of learning the state legal matter, reflects the logic of the natural-historical development of the state and law, historically inevitable replacement of some types state and the rights of others, is one of the most important methods and means of knowledge of the historical development of the state and law».

A.V Malikov calls attention «to the theory of state and law-typology important means of improving the meaningfulness of scientific infor­mation, as it gives the opportunity to make the maximum number of statements and conclusions about the characteristics and properties of the object at the place it occupies in the classification system».

The category «type of state» to objectively and fairly reflect the essence of the state and law, which is not constant and is not static, but constantly evolving through evolutionary changes.

The first attempts to rational-theoretical typing state and law in terms of their socio-political characteristics were made by Aristotle, who believed that the main criteria for distinguishing number of states are ruling in the state of their property status and conducted by a State goal. He distinguished between a board, the board of a few, majority rule, and the states divided on the right (which is achieved by the common good) and wrong (which pursued private purposes).

Aristotle regarded law as a political phenomenon. The political law is part of the natural, part of the conditional (positive) law. Natural law is the one that always has the same value and not on the acceptance or rejection of it. Conditional right to something is established by law (written and unwritten) and the General Agreement.

G. Ellinek argued that the state and the right have different defini­tions, but have their usual symptoms.

The founder of typing G. Kelzen put the idea of political liberty. He classified the two types of state - autocracy and democracy.

L. Gumplovich singled great states (from 200 thousand to 1 million sq. km and the population of 30 to 50 million people), and small states (less than 200 thousand sq. km and a population of 30 million people.).

American scientist R. Makayver divides the states by dynastic and democratic. German scientist R. Darendorf also maintains that classification.

Thus, the typology of state can not be not static and final, it requires further development and refinement, for significant scientific material accumulated in recent archeology, ethnography, history (including the history of state and law), political science, sociology, constitutional law, that have not been adequately summarized in the framework of the state and law. More complete discussion of the typology of the state on this basis is not only possible, but necessary, this is one of the paths leading from the concrete material of history to create a generalized model of development of the state, and, therefore, to understand the essence and the opening of a new state.

Questions for the self-control:

1. What means the «typology of law»?

2. What the main difference between the «typology of law» and the «type of law»?

3. What means the «law in the social meaning»?

4. Please, account all well-known types of the law.

Taskfor srs:

Please, discuss the main positions of the monograph, written by the famous comparative scholars Rene David and Kamilla Joffre-Spinozi, Moscow,1998.