EFFECTIVE TOOLS OF
MODERN JURISPRUDENCE SCIENCE
St. of 1 course
Dairabaeva A.O., st. of 1 course Safronova Y.V., M.A.Tompieva Z.E.
Introduction.
The problem of the method is the key for scientific cognition. Indeed, the final result
of cognitive activity depends not only on who acts and what the action is
directed to, but also on how this process is carried out, what principles it
regulates, and what methods and means are used in doing so. This is the question of choosing a method
that should be adequate to the object of research, match with its purpose and
objectives. Only through the method it
is possible to come to the truth, however, it should not be mystified and
believe that solving the problem of the method automatically solves the problem
of truth. Now the task is not to find
the only correct, universal method of cognition, but in the situation of
methodological pluralism, in the development of strategy and tactics of one's
own cognitive activity, corresponding to the object under study, fundamental
methodological principles and values. It
should be remembered that the availability of a method is, of course, a
necessary condition for scientific cognition, but not at all sufficient. It seems that this approach makes sense to be
guided in the legal science, which resides in the common space of science and
is largely determined by the processes taking place in this field. Unfortunately,
representatives of the legal science often underestimate the role of
methodology. In this sense, studies
focused on a holistic analysis of the methodological principles and foundations
of the legal science are very relevant and relevant. Methodological foundations of modern legal
science. The methods of
jurisprudence represent certain "bricks" or "tools" of
methodological approaches. The method as
a means of cognition is a way of reflection and reproduction in the thinking of
the studied subject. The application of
scientifically based methods is an important condition for obtaining new true
scientific knowledge. The main elements
of the method are principles, rules, techniques, methods and means. The methodology is a multi-structured
formation, within which several levels can be singled out. It should be noted that the classification of
methods traditionally takes into account their role and place in scientific
knowledge, the degree of generality and breadth of application. Proceeding from this, it seems possible to
single out the following main groups of methods: philosophical; brain teaser;
General scientific; Private science; Disciplinary and interdisciplinary.
The philosophical
principles and methods of cognition play a significant role in jurisprudence
due to the general development of post-non-classical science. They set the strategy of cognition, define
the theoretical paradigm of research, which in the situation of methodological
pluralism is of great importance. Under
the conditions of methodological pluralism, these principles can be guided only
in the context of a certain philosophical doctrine, a philosophical trend. The
dialectical and metaphysical approaches to reality are the most ancient. However, philosophical methods are not
confined to these two limiting methodological grounds. In fact, each philosophical concept performs
a methodological function, in some way orients, directs the cognitive
process.So, in modern science, methodological principles developed in the
framework of analytical philosophy, phenomenology, hermeneutics and other
philosophical directions are widely used.
Traditionally, the following
important principles of the dialectical method are distinguished: objectivity,
comprehensiveness, concreteness, the principle of contradiction, historicism.
Often these principles are identified with the fundamental criteria of
scientific research as such, including legal issues. It should be noted that in the context of the
development of post-non-classical science, the principle of historicism plays a
special role both in scientific cognition in general and in legal science.
Within the framework of scientific cognition, two levels are distinguished:
empirical and theoretical. The empirical
study is fact-oriented. However,
theoretical ideas are always mixed with the fact. The development of this principle will lead
to the fact that in post-non-classical science the thesis that facts are
initially theoretically loaded will become universally recognized. Nevertheless, despite the clearly expressed
interrelation of the empirical and theoretical levels, the complex of cognitive
tasks facing them is different. The
methods of empirical research traditionally include observation, experiment,
empirical (direct) comparison, description, measurement. The theoretical level of scientific knowledge
is characterized by the predominance of rationality. Traditionally, four methods are considered
here: formalization, axiomatic method, hypothetical-deductive method and method
of ascent from abstract to concrete. If
we talk about the modern legal system, fixed in the concept of "rule of
law", and civil society, then, along with the presumption of innocence,
such axioms are the principles of the rule of law, equality of citizens before
the law, personal responsibility, independence of judges, adversarial proceedings
in litigation, The inevitability of
punishment, etc. They are the ultimate
grounds that determine the very possibility of the existence of a modern legal
system. Sometimes they have a
declarative nature and are not fully observed, but hardly anyone will come to
mind if he wants to preserve and develop this system, to deny them. It is on the basis of these principles-axioms
that it is necessary to build modern legal science, to develop legal practice,
otherwise, there can be no question of any legal state and developed civil
society. A hypothetical-deductive method
occupies a special place in theoretical cognition. He by
means of deduction is focused on creating a system of interrelated hypotheses,
from which conclusions are subsequently deduced. The method of ascent
from the abstract to the concrete represents a movement from the initial
abstraction to the integral comprehension of the object. Certainly,
jurisprudence has the opportunity to turn not only to philosophical, logical,
general scientific, private scientific methodological principles, as discussed
above, but also to disciplinary methods of research, for example, methods of
sociology, psychology, statistics, etc., but this makes sense only in the
context Interdisciplinary approach. A lawyer, using legal design as a method of
cognizing law, distinguishes from the social reality that which is legally
significant, and brings to the absolute form, creating an ideal model of this
or that legal phenomenon.
Conclusion.
The problem of the method is a key problem of legal cognition. The fundamental principle is the principle of
methodological pluralism, which assumes the absence of a universal metatheory,
which necessarily leads to an ever wider application of philosophical methods in
jurisprudence. The principles of
historicism, system, objectivity, unity of the subject and method are
fundamental principles of legal cognition.
Under the conditions of methodological pluralism these principles can be
guided only in the context of a certain philosophical doctrine. The next level of the methodology of legal
science is general scientific methods and principles, the application of which
prescribes the scientific status of jurisprudence. Undoubtedly, their use, as well as of private
scientific methods, has its own peculiarities in jurisprudence. Nevertheless, the legal science carries out
the process of cognition of legal phenomena on two levels: empirical and
theoretical. As for the actual legal
methods of cognition, in principle they can be reduced to methods of a greater
degree of generality and even to disciplinary methods of other sciences and
represent primarily their legal variation.
Of special interest here is the method of legal construction, which,
through an idealized object, reveals the ultimate grounds and the absolute form
of legal phenomena. So, the methodology
of legal science is a multi-level system and includes methods of varying
degrees of community and breadth of coverage.
In general, it should be noted that the fruitfulness of legal research
is largely related to the correct combination of a variety of methods, focused
on solving specific cognitive tasks.
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