Функциональный подход к праву в российской социологической юриспруденции конца XIX — начала XX вв.

Abstract

At the turn of the XIX–XX centuries, the problem of the functions of law becomes the subject of stable scientific interest of representatives of Russian sociological jurisprudence. By the function of law, the authors understand both the social purpose of law and the direction of legal influence on the relevant sphere of public relations. Distinguishing between the functions of common law, sectoral rules of law and norms of law, scientists lay the foundations for their future classification. A fundamental role in determining the proper legal functions of law is played by the legal understanding of the authors, according to which priority is given to the function of either protective or regulatory. During the interpretation of social functions (economic, political and educational), theoretical disagreements lose their significance, giving way to liberal ideology.