Facilities - material and non-material "tools" for collecting, processing, analyzing and summarizing information.

General scientific means. Researchers began to highlight this type of funds in the 20th century. in connection with the emergence of the so-called metascientific areas, represented, for example, as general systems theory, modeling theory, general activity theory, etc. However, by principle, mathematical methods of research and various kinds of logics also belong to this type of means. For jurisprudence, this level is represented by dialectical, formal and other logics, structural-functional and genetic analysis, etc..Through these research tools, jurisprudence correlates itself with the current state of scientific thinking, for example, through the methods of formalization, idealization, modeling, etc. In the method of jurisprudence, this is a block of procedures inherent in scientific thinking in general, expressing its general nature and specificity..Metascientific research tools when working with subject legal issues can act either as general principles and rules of scientific activity, or as "empty" research forms filled in the process of cognition with specific legal content. Therefore, at this level, legal science actualizes, of course, not all procedures and techniques of scientific thinking, but only those that “fit” into the general structure of its method and are adequate to the nature of the object under study..

In the humanitarian and social fields philosophical research tools not only set the strategies for the development of sciences, current fields of research, focuses of categorical systems, value bases, but also form the basic ideas that reveal the essence of certain phenomena. So, for legal science it is humanization, person, personality, responsibility, justice, etc.

Special legal meansprocedures, techniques and forms of research activity, characteristic only for jurisprudence. In the literature, this level is usually distinguished the special legal method, the method of interpretations and the method of comparative law. This level expresses the degree of normative organization of the cognitive process within the framework of a given science, associated with the level of systemic organization of its subject. On the other side, the more complex, diverse and "sophisticated" the methods, procedures and forms of research that belong to a given science, the more complex its subject is organized.. feature methodological means of this block is their subject "content" in comparison with general scientific operations and procedures.

Marxism - dialectical method of constructing the subject of research. The leading link in the process of such a construction is the allocation of a unit of analysis by abstracting the "simple beginning", the "cell" and further tracking the transformation of the "cell" into a unit, which is a "molecule" - the carrier of the main properties inherent in the integral subject of psychological research. One of the aspects construction of the subject of research is highlighting the elements that form the structure of such a subject. Accordingly, legal science appears as a set of scientific areas that study various elements of law. At certain moments in the development of society, certain elements of law acquire special significance for the dominant discourse, as a result of which scientists and politicians take them as the “center of the structure” and convince others of this through the “theory of law”.

The allocation of a separate object and a separate subject of research in legal science has one of the reasons for the plurality of legal science, the need to explain the fact that each of the legal sciences has its own special subject of study.The role of any science of law in the life of society and its place among other legal sciences is determined by the subject of study, that is, the range of problems studied, the impact of the latter on social life. Legal reality is a kind of integral "organism", the individual organs and functions of which are studied by different branches of legal or other social science. At the same time, the legal reality itself is so complex and large-scale that it cannot be covered by the subject (object) of any one of the legal sciences.

44. Fundamental and applied research of law.

Basic Research- experimental or theoretical activity aimed at obtaining new knowledge about the basic laws of the structure, functioning and development of man, society, the environment. The purpose of fundamental research is to reveal new connections between phenomena, to learn the patterns of development of nature and society in relation to their specific use.

Applied Research-research aimed primarily at applying new knowledge to achieve practical goals and solve specific problems, including those of commercial importance.

The general orientation of the culture of Ancient Rome to utilitarian goals and values determines the promotion of applied knowledge to the fore. The connection between legal practice and legal theory was the most direct. Therefore, Roman jurisprudence was predominantly an applied science. In the Middle Ages, jurisprudence acquires the status of an applied branch of theology; accordingly, legal discourse is intertwined with theological.

In their direct relation to practice, all legal sciences should be divided into fundamental (theory of state and law; history of state and law; history of political and legal doctrines) and applied (forensic science; forensic medicine; legal statistics; legal psychology; forensic psychiatry; forensic accounting and etc.). By the same principle, it is possible to subdivide the individual theories that make up this or that science.

Purpose of fundamental research- theoretical comprehension of deep processes, patterns of occurrence, organization and functioning of legal phenomena, regardless of their immediate and direct use in specific practical activities. Historical-theoretical (or fundamental) sciences provide knowledge about the development and features of the state and law in general, regardless of specific states or law in force in a particular territory. Fundamental sciences contain generalized knowledge about the state and law. On the basis of this knowledge, a conceptual apparatus and a system of branch and other legal sciences are developed.

Applied sciences (theories) are more focused on the immediate solution of special practical issues. Through them, the results of fundamental research are mainly implemented in practice. Applied sciences do not study any branches of law, they are not directly related to the study of certain legal norms. However they study phenomena related to law, while using knowledge not only from the field of jurisprudence, but also from the field of other sciences(medicine, chemistry, statistics, etc.). These sciences stand at the intersection of legal and non-legal sciences..

Fundamental research in the field of law is the key to improving applied scientific research and scientific and expert activities.

45. The problem of the correlation of methodological, theoretical and applied knowledge in jurisprudence.

In the most general sense the problem of interaction between legal science and practice boils down to the fact that theoretical research is designed to meet the needs of practice, be based on its materials, and practice, in turn, should be based on evidence-based recommendations and conclusions.Legal science is called upon to guide the organizational and practical activities of various subjects, to study and correct the emerging personal and socio-legal experience, contribute to the development and implementation of legal policy in various areas of public life. Science develops the methodology and methodology of legal knowledge, a system of special principles, techniques, means, methods and rules that are used not only in theoretical research, but also in organizational and practical activities.

Factual material forms an important basis to describe, explain, generalize, systematize, put forward hypotheses and establish trends in the development of the studied phenomena, to develop concepts and create theoretical structures, formulate scientific recommendations and proposals.Legal practice as a relatively independent variety of socio-historical practice acts as one of the most important criteria for the truth, value and effectiveness of scientific research. The viability of certain recommendations and conclusions, their reliability or fallacy, usefulness or harmfulness are tested in practice.

The criterion of practice, of course, cannot be absolutized. He can never fully confirm or refute the relevant theoretical propositions and conclusions., since any practice is constantly changing and developing, representing an internally contradictory process (its result), due to natural and social, objective and subjective, normative and other factors of reality.

The study of legal practice takes place at the theoretical and empirical levels. Empirical knowledge usually directed at certain aspects of practice and is based on the observation of facts, their classification, primary generalizations and descriptions of experimental data. Theoretical study associated with the development and improvement of the conceptual apparatus, a deep and comprehensive study of the essence of phenomena and processes, the establishment of patterns of development of legal practice. If at the empirical level the leading side is sensory knowledge, then at the theoretical level it is rational, associated with the creative synthesis of concepts and categories.

Both levels of study of practice are inherent in the general theory of law and specific legal sciences. However, the ratio of theoretical and empirical links in them is not the same. The level, as well as the scope of theoretical generalizations in the branch and applied sciences, is much lower and narrower than in the general theory of law, since they explore only strictly defined (conditioned by their subject) aspects, elements and processes of legal reality. At the same time, branch and applied sciences can rise to such a level of abstraction in the study of individual problems that sometimes they go far beyond the issues they study, reaching the general theoretical level of generalizations. In practice, theoretical concepts and categories, constructions and concepts are widely used.. The study of the nature of legal practice, its content and form, functions and patterns of development, the mechanism of succession and other issues is aimed at increasing the efficiency and value of legal practice in the legal system of society. This knowledge forms the theoretical basis of practical activity. Scientific thinking is thus a necessary and important element of practice.

In order to improve the efficiency of legal science it is necessary to create a clear organizational and legal mechanism for introducing the results of theoretical research into specific practice. The development of such a mechanism is one of the most important tasks of legal science.

The formation of the methodology of legal science is historically conditioned by the development of the practical activities of society, the accumulation of experience of legal life in various spheres of life and, as a result, the development of public consciousness, its legal way of thinking. The history of ideas about law, its comprehension, interpretation and knowledge has gone approximately the same way as the history of science as a system of knowledge as a whole. As a rule, the following stages are distinguished in it: philosophical-practical, theoretical-empirical and reflective-practical. The first period covers the legal thought of antiquity, the Middle Ages and a significant part of the New Age, while the second and third periods mainly fall at the end of the 18th and 20th centuries.

In general, the evolutionary (gradual) development of law, the improvement of legal activity, law-making and legal technique, and at the same time a critical understanding of the created and functioning law was marked by the emergence of a special type of social activity - scientific and doctrinal, aimed at understanding the general laws of legal life and the evolution of law . This circumstance, in turn, gave a direct impetus to the emergence of the foundations of the methodology of legal science as a section of legal knowledge that deals with the development and application of certain methods of studying law and legal reality.

The method is traditionally understood as the path to the goal, the road to knowledge. In relation to knowledge, it is used in the sense of "the path to knowledge", "the path to the truth." The concept of "method" is defined as a way of action, a type of techniques and operations that guide cognition. This method always reflects the properties of the object and the subjective capabilities of the researcher.

To solve scientific problems, many methods are used that can be classified in different ways. The most common basis for classification is the degree of generality. In legal science, it is also customary to subdivide methods into four levels: philosophical (ideological), general scientific (for all sciences), particular scientific (for some sciences) and special (for individual sciences).

Formal-logical and general scientific methods of scientific knowledge are of particular importance for legal science.

Among the general logical methods of cognition, methods of formal logic are distinguished:

analysis is a method of mentally dividing the object under study into certain elements with the aim of in-depth and consistent knowledge of them and the connections between them;
synthesis is a method of mentally recreating the whole on the basis of the known parts and their relationships;
abstraction is a mental separation of individual elements, properties, relations of an object and their consideration in isolation both from the object as a whole and from its other parts;
concretization - correlation of abstract representations and concepts with reality;
deduction is a reliable conclusion from knowledge of a greater degree of generality to knowledge of a lesser degree of generality;
induction is a probabilistic conclusion from knowledge of a lesser degree of generality to new knowledge of a greater degree of generality;
analogy - the conclusion about the belonging of a certain feature to the subject under study based on the similarity in essential features with another subject;
modeling is a method of indirect knowledge of an object with the help of its model.

General scientific methods are those techniques and operations that have been developed by the efforts of all or large groups of sciences and that are used to solve common cognitive problems. These methods are divided into methods-approaches and methods-techniques. The first group includes substrate (content), structural, functional and system approaches. These approaches guide the researcher to the appropriate aspect of the study of the object under study.

It is with the help of this group of methods that the main process of scientific cognitive activity is carried out - this is the study of the properties and qualities of the studied object of knowledge.

At the level of general scientific knowledge, traditional methods of cognition of reality are also used: the system method, analysis and synthesis, induction and deduction, the method of historicism, functional, hermeneutic, synergistic, etc. They do not cover all scientific knowledge, like philosophical methods, but are applied only to its individual stages.

In this group, methods are divided into empirical and theoretical. The universal empirical method is observation, which is understood as a purposeful sensory perception of the facts of reality. This method is characterized by relative limitation and passivity. These shortcomings are overcome by applying another empirical method. An experiment is a method in which, at the will of the researcher, both the object of knowledge and the conditions for its functioning are formed. This method allows you to reproduce the processes the necessary number of times.

According to the historical method of cognition, the state and law must be approached as social reality changing in time and space. If, for example, in Marxism, when explaining the reasons for the development of society and the state, law, priority is given to the economy (basis), then in idealism - ideas, consciousness and worldview.

The system method is the study of the state and law, as well as individual state-legal phenomena from the standpoint of their existence as integral systems consisting of interacting elements. Most often, the state is considered as a combination of such components as the people, power and territory, and law - as a system of law, consisting of spheres, industries, institutions and rules of law.

The structural-functional method is closely related to the system method, which consists in the knowledge of the functions of the state and law, their constituent elements (functions of the state, functions of law, functions of legal responsibility, etc.).

In legal science, there are a number of provisions, categories, structures and trends (scientific schools) that are dogma, that is, generally accepted and recognized by all lawyers and jurists. For example, such concepts and legal constructions as the system of law, the rule of law, the system of legislation, the form of law, the source of law, the operation of law, the form of implementation of law, the mechanism of legal regulation, law in the objective sense, law in the subjective sense, legal relationship, subjective legal rights and responsibilities, etc., are generally accepted and are interpreted for everyone in basically the same way.

Legal dogmatic (formal dogmatic) approachallows us to consider law as a sociocultural phenomenon and understand it as a system of fundamental legal institutions, rules and structures, means and methods of legal regulation, forms and concepts of legal activity, etc., formed in the process of historical development of law and embodied in specific legal systems that are established state.

The hermeneutic method used in the legal sciences proceeds from the fact that law, legal acts, the rule of law are phenomena of a special worldview. Therefore, they need to interpret their "life integrity" on the basis of a person's "internal experience", his direct perception and intuition. Any epoch can be understood only from the point of view of its own logic. For a lawyer to understand the meaning of a law that was in force in the distant past, it is not enough to know its text. He must understand what content was invested in the relevant concepts in that era.

The synergetic method is a view of phenomena as self-organizing systems. Out of the creative potential of chaos, a new reality emerges, a new order. In legal science, synergetics considers the state and law as random and non-linear, i.e., concrete historical and variable social phenomena. The state and law are constantly changing, as they are caused by many different reasons, factors and options for possible events.

General scientific methods determine only general approaches to solving the problems of legal science. Therefore, along with them, private scientific methods are used, which allow one to obtain specific knowledge on issues of state and law. These are methods of concrete sociological research, mathematical, cybernetic, comparative legal, etc.

The method of specific sociological research involves the collection, analysis and processing of legal information (official documents, law enforcement practice materials, questionnaire materials, surveys and interviews). It is aimed at establishing the social conditionality of law and legal norms, identifying the need for law in society and the effectiveness of legal regulation.

The mathematical method is based on the analysis of quantitative indicators that reflect the state and dynamics of changes in a particular socio-legal phenomenon (for example, the level of crime, public awareness of the main regulatory legal acts

etc.). It includes the observation of social and legal phenomena, quantitative data processing, their analysis and is used in the process of studying phenomena characterized by mass character, repetition and scale.

The modeling method is the mental creation of models of state-legal phenomena and their manipulation in the expected conditions. This method is aimed at finding the best solutions to specific problems.

The method of socio-legal experiment is to create an experiment using legal and state phenomena. For example, the introduction of the institution of trial by jury, legal acts or individual legal norms and verification of their operation in specific, real social conditions.

The cybernetic method is a method associated with the use of concepts (“input-output”, “information”, “control”, “feedback”) and technical means of electronics and computer technology. This method is used for automated processing, storage, search and transmission of legal information.

Special methods allow to detail knowledge about legal and state phenomena. The number of special scientific methods should also include such methods that allow the development of new knowledge about law and the state (for example, the interpretation of legal texts and norms). The methodology of interpretation is a separate area of legal knowledge and is understood as the doctrine of interpretation or, as they sometimes say, hermeneutics.

Hermeneutics (from the Greek. hermeneutikos- explaining, interpreting) - the art of interpreting texts (classical antiquity, religious monuments, etc.), the doctrine of the principles of their interpretation.

Legal science in its continuous development is in constant interaction with various branches of the humanities. Modern legal hermeneutics as a direction of modern jurisprudence is actively developing issues of interpretation, problems of the theory of the language of law, including in connection with the fundamental problems of understanding the meaning of legal texts. She explores the practice of interpreting various legal meanings contained in official written documents and oral speech, in signs and symbols, in the judgments of lawyers about legal situations. It should be noted that the hermeneutic approach to the study and interpretation of law-significant texts is a legal direction in the field of humanitarian knowledge.

Until recently, legal research, as a rule, was limited to formal-logical operations designed to produce the most in-depth analysis of legal material for its practical use in the process of implementing a particular law. The justification for this approach was the general belief in the original purpose of jurisprudence to meet the requirements of legal practice and the process of training and professional development of legal professionals.

For many centuries, numerous attempts have been made to interpret legal texts that have a sign-symbolic nature. The need to interpret these texts is caused by the following reasons:

the ambiguity of legal monuments and texts, depending on the obsolete words contained in the law and the archaic text, or on the fact that the expression used by the law grammatically equally allows two different interpretations;
specificity in the presentation of legal texts (doubts in understanding the law sometimes arise from the fact that the legislator, when presenting the law, instead of the general principle, puts forward individual, specific objects of the law);
the uncertainty of the law (sometimes doubts arise due to the use of general, insufficiently defined expressions by the legislator); uncertainty of quantitative relations in the law;
contradictions between different texts of the law;
interpretive fences around the law;
changes in living conditions (the main motive that prompted the teachers of the law to interpret the text, moreover, quite often in contradiction with its direct, literal meaning, were changes in the cultural structure of people's life, as well as changes that occurred in the ethical views of the people on the personality of a person, etc. ).

The purpose of modern legal hermeneutics is, after all, in the search and implementation of the meaning of the legal text, the study of the problems of the plurality of meanings and interpretation. In modern conditions, the form of law cannot act otherwise than as a sign form, the source and embodiment of which is the language. Legal regulation and its elements act as ideal objects, an external form of expression of public consciousness, which is subject to understanding and application.

These methods are usually not used separately, but in various combinations. The choice of research methods is associated with various reasons. First of all, it is due to the nature of the problem under study, the object of study. For example, when studying the characteristics of a particular state that organizes social life in a given society, one can use a systemic or structural-functional method. This will allow the researcher to understand what underlies the life of a given society, which bodies manage it, in what areas, who manages it, etc.

The choice of methods is directly dependent on the worldview and theoretical position of the researcher. Thus, when studying the essence of the state and society, their development, a jurist-ideologist will most likely focus on the driving factors of their evolution, positive ideas of the creative activity of society, and a jurist-sociologist will analyze the effectiveness of the influence of certain ideas, norms and legal acts on the development of the state and public consciousness.

§ 2. Dialectical principles of scientific knowledge in jurisprudence

In science, there are several theories describing the development of various systems. Dialectics is considered the most applicable to various changes in the surrounding world. In ancient Greece, this concept meant a dispute, a clash of opposing views, a contradiction. Later, this concept began to designate the contradictory nature of relations not only in controversy, but throughout nature, as well as in social (legal) development. A holistic dialectical concept of development was developed by the German philosopher of the 19th century. G. Hegel. At present, dialectics means the theory of the development of consciousness (thinking), which is based on the contradictory nature of all kinds of changes. This direction of philosophical knowledge is called objective idealism.

The content of scientific theories is its principles and laws. Principles are the fundamental ideas that determine the practical or spiritual activity of a person, for example, in the construction of some kind of knowledge system (theory). For dialectics, such fundamental ideas are the principle of universal connection and the principle of development in all forms of being. The first principle implies that any object of our world, directly or through other objects, is connected with all objects. For example, each person is connected to the planet Earth. Our planet is connected to the Sun. The solar system is connected by physical dependencies with other systems of our Galaxy, which, in turn, with other Galaxies. If we graphically depict this situation in the form of points (objects) connected by lines (connections), we will see that each person is connected with all space objects, i.e. with the entire Universe. Another thing is that these dependencies can be almost imperceptible. In a similar way, you can trace the chains of connections of all objects on Earth. The meaning of the second principle has been discussed above.

The concept of "law" is of particular importance. Many people, especially those who study law, apply this concept too narrowly, forgetting that there are other laws besides legal ones.

The concept of "law" denotes a special kind of relationship. This is an essential, stable, necessary connection between objects.

Connections between various phenomena in nature are objective. Regardless of whether or not a person knows about them, understands or does not understand the essence of events, these connections are realized under the appropriate conditions. Such stable and necessary connections are called the laws of reality.

If a person, by the power of his mind, penetrates the essence of ongoing processes, if he manages to discover the causes of certain events, the conditions for the implementation of certain connections, then this knowledge is formulated as the laws of science. This is a subjective description of natural connections by a person. It is quite obvious that the laws of science describe natural relationships approximately, because a person does not know everything. Only in exceptional cases do the laws of science exactly correspond to the laws of nature. Therefore, people often fail when they rely too much on their knowledge, even if they consider it scientific.

In order for a society to maintain at least some order, it is necessary to establish rules for relations and connections between people. It is very difficult, if not impossible, to find, to define connections that would satisfy all people. Therefore, legislative bodies develop generalized rules of conduct that regulate diverse social relations in various spheres of life. In this sense, juridical laws are the connections prescribed to people with other objects.

In the following presentation, the philosophical meaning of the concept of "law" is implied, which refers to all forms of being, and not just to legal relations. In dialectics, as a theory of development, three laws are formulated: “the law of unity and struggle of opposites”, “the law of mutual transition of quantitative and qualitative changes”, “the law of negation of negation”.

The first law: unity and struggle of opposites.

Its formula is as follows: in the essence of every thing there are opposite sides (properties) that are in a state of unity and struggle; the struggle of opposites leads to an ever sharper contradiction and ends with the disappearance of the old and the emergence of a new state of things.

The most important concepts of the law: identity - sameness, coincidence, equality; difference - dissimilarity, discrepancy, inequality; opposite is the extreme degree of difference. According to this law, the source of change and development of any object is in itself. This is true for all cases where there is no interference from an external force. This law proposes to perceive any object as a complex formation that contains elements that are not directly compatible with each other.

The unity of opposites is as follows:

they are inextricably linked (for example, single and common features of an object;
there are no unique objects, each is somewhat similar to the others;
there are also no standard objects in the full sense, each one is somewhat different from the others);
they mutually determine each other (the individual can be distinguished only against the background of the general and vice versa);
they mutually pass, mutually transform into each other (what in one respect acts as a single feature, for example, a person who knows criminal law in the mass of bus passengers, in another respect is a common feature - the same person among the employees of the prosecutor's office).

The struggle of opposites consists in the fact that they oppose each other, strive to exclude (destroy) each other, for example, knowledge and ignorance of an individual - something is remembered, but something is forgotten. Contradiction is the culmination of the struggle of opposites. Leaving this boiling point, the end of the struggle is development. For example, a student will have an exam (test, survey, etc.). He is worried about a contradictory situation: on the one hand, the exam must be passed without fail, on the other hand, there is no (or little) knowledge. This contradiction can be resolved in two ways:

learned the material and the student is already a different person, smarter, that is, he has developed towards perfection in this field of knowledge;
decided to give up knowledge, and from the exam, and from the educational institution - he also became a different person, had already got rid of the desire for excellence in this area, that is, he had developed towards degradation on this life path.

Thus, through the connection (struggle) of opposing forces, properties, dependencies, all objects of the world develop, including social systems, a person and his spirituality. It is necessary to understand that for a person, contradictions with himself and the people around him are not a disease, but a natural state. Civilized relations in society imply attentiveness to these contradictions, predicting their consequences, and the ability to manage oneself.

The second law: the mutual transition of quantitative and qualitative changes.

Its formula is as follows: the development of a thing occurs through quantitative changes, which, accumulating, exceed a certain critical measure and cause qualitative changes, and these, in turn, give rise to new possibilities for quantitative changes.

The main concepts and characteristics of this law are as follows:

The initial concept of this law is the concept of "property". This concept denotes the presence and nature of the variability of an object, which manifests itself in relations with other objects. Properties show the similarity or difference of objects. Any object has many different properties:

quality - a set of basic properties of an object, which determines its state of identical compatibility with itself. Thanks to a set of these properties, a thing exists as such and differs from others. With the loss of at least one of these properties, the thing ceases to be itself, loses its original certainty and acquires a different status. For example, the red flag - a symbol of the communists, faded, became white - a symbol of surrender;
quantity is the amount of change in the object. Often, but not always, this volume can be expressed numerically. For example: assessment of student knowledge;
a measure is a boundary at the transition of which quantitative changes cause qualitative changes. Within the bounds of the measure, quality remains the same, but quantity varies. For example, ice - (0 o C) water (100 o C) - steam.
the transition from one quality to another is called a "jump".

Thus, through the connection of quantitative and qualitative changes, the development of all objects of the world takes place. If people want to achieve qualitative changes in the social structure, technology or the formation of their own properties, then there is no other way than the corresponding quantitative changes, that is, a gradual change in the culture of society, the accumulation of scientific knowledge, personal training and hard work. And in order to achieve high quantitative indicators in any sphere of society, you must first reach a certain qualitative level of development. For example, if you want to run fast, learn to walk first; if you want to accumulate scientific knowledge, first learn to read and write. Development is an exit to a new qualitative level, otherwise it is not development, but simply a quantitative change in the properties of an object.

Third law: negation of negation.

Its formula is as follows: development occurs through the dialectical negation of the old state of the object by the new, the new by the newest, as a result of which development combines a successive and cyclical character.

The category "negation" expresses a certain type of change in the state of an object. Any object, developing, inevitably reaches the stage of negation, i.e. becomes qualitatively different. Complete negation is a change of quality to a contradictory one. The chain of negation of the old and the emergence of the new has neither beginning nor end. Negation can act as a simple destruction of the object. Then there is no need to talk about development.

Dialectical negation involves the destruction of only part of the properties of the object, which are no longer needed or even harmful. At the same time, other properties are preserved, those that determine the existence of the system at the present time, and fundamentally new properties appear, which ultimately determines the qualitative leap.

Double complete negation (negation of negation) is a situation of “supposedly returning” to the old: every phenomenon turns into its own negation, but then again there is a negation; as a result, the third phase bears a formal resemblance to the first. If there is no development, then the change goes in a circle. If there is a development to a similar state, the object returns at a different level. Therefore, dialectical development is spoken of as a movement in a spiral.

Thus, this law demonstrates the connection between the old and the new in development, their struggle and mutual transformation. Every emerging new sooner or later becomes old and disappears. People, if they are interested in the development of any systems, including themselves, cannot escape from the rejection (denial) of some old properties, connections, states and the acquisition of directly opposite, new properties, connections, states. The old is collapsing elements and connections, they entail the destruction of the entire system, reducing its functionality. What is new is improving elements and connections, they improve the system as a whole, increase its functionality.

The laws of dialectical development are specific and are not reducible to each other, but they are not separated by an impenetrable wall. They are interconnected, complement each other in the description of development. Development is the resolution of contradictions, it is also a change in the qualitative state, it is also the dialectical negation of the old by the new.

Let us consider the manifestation of these laws as a change in the stages of development of the political and legal sphere of society.

The state-legal sphere is a set of relations between social subjects, which are designed to provide them with collective stability and manageability based on law as a social regulator of behavior. In a primitive society, stability and manageability were ensured by collective power control over the observance of customs and traditions, prescriptions and taboos (prohibitions based on fear of the retribution of some deity). At the next stage, the function of ensuring integrity is assigned to the permanent rulers (leaders). The next step in the development of the political sphere is the emergence of the state as a special organization that ensures the security of society and law as an officially established system of relationships, the violation of which entails compulsory punishment by the state. A dialectical return to collective participation in ensuring the unity and vitality of society is the development of civil society organizations seeking to participate in the management of social processes. These include institutions of culture, science, political parties, corporations, etc.

Facilities-material and non-material "tools" for collecting, processing, analyzing and summarizing information.

General scientific means. Researchers began to highlight this type of funds in the 20th century. in connection with the emergence of the so-called metascientific areas, represented, for example, as general systems theory, modeling theory, general activity theory, etc. However, by principle, mathematical methods of research and various kinds of logics also belong to this type of means. For jurisprudence, this level is represented by dialectical, formal and other logics, structural-functional and genetic analysis, etc.. Through these research tools, jurisprudence correlates itself with the current state of scientific thinking, for example, through the methods of formalization, idealization, modeling, etc. In the method of jurisprudence, this is a block of procedures inherent in scientific thinking in general, expressing its general nature and specificity.. Metascientific research tools, when working with subject legal issues, can act either as general principles and rules of scientific activity, or as “empty” research forms filled in the process of cognition with specific legal content. Therefore, at this level, legal science actualizes, of course, not all procedures and techniques of scientific thinking, but only those that “fit” into the general structure of its method and are adequate to the nature of the object under study..

Marxism-dialectical method of constructing the subject of research. The leading link in the process of such a construction is the allocation of a unit of analysis by abstracting the "simple beginning", the "cell" and further tracking the transformation of the "cell" into a unit, which is a "molecule" - the carrier of the main properties inherent in the integral subject of psychological research. One of the aspects construction of the subject of research is selection of elements that form the structure of such an object.Accordingly, legal science appears as a set of scientific areas that study various elements of law. At certain moments in the development of society, certain elements of law acquire special significance for the dominant discourse, as a result of which scientists and politicians take them as the “center of the structure” and convince others of this through the “theory of law”.

The allocation of a separate object and a separate subject of research in legal science has one of the reasons for the plurality of legal science, the need to explain the fact that each of the legal sciences has its own special subject of study. The role of any science of law in the life of society and its place among other legal sciences is determined by the subject of study, that is, the range of problems studied, the influence of the latter on social life. Legal reality is a kind of integral "organism", the individual organs and functions of which are studied by different branches of legal or other social science. At the same time, the legal reality itself is so complex and large-scale that it cannot be covered by the subject (object) of any one of the legal sciences.

79. Fundamental and applied research of law.

Applied Research- research aimed primarily at applying new knowledge to achieve practical goals and solve specific problems, including those of commercial importance.

The general orientation of the culture of Ancient Rome towards utilitarian goals and values determines the promotion of applied knowledge to the fore. The connection between legal practice and legal theory was the most direct. Therefore, Roman jurisprudence was predominantly an applied science. In the Middle Ages, jurisprudence acquires the status of an applied branch of theology; accordingly, legal discourse is intertwined with theological.

Purpose of fundamental research- theoretical comprehension of deep processes, patterns of occurrence, organization and functioning of legal phenomena, regardless of their immediate and direct use in specific practical activities. Historical-theoretical (or fundamental) sciences provide knowledge about the development and features of the state and law in general, regardless of specific states or law in force in a particular territory. Fundamental sciences contain generalized knowledge about the state and law.Based on this knowledge, a conceptual apparatus and a system of branch and other legal sciences are being developed.

Applied sciences (theories) are more focused on the immediate solution of special practical issues. Through them, the results of fundamental research are mainly implemented in practice. Applied sciences do not study any branch of law, are not directly related to the study of certain legal norms. However they study phenomena related to law, while using knowledge not only from the field of jurisprudence, but also from the field of other sciences(medicine, chemistry, statistics, etc.). These sciences stand at the intersection of legal and non-legal sciences..

Fundamental research in the field of law is the key to improving applied scientific research and scientific and expert activities.

80. The problem of the correlation of methodological, theoretical and applied knowledge in jurisprudence.

In the most general sense the problem of interaction between legal science and practice boils down to the fact that theoretical research is designed to meet the needs of practice, be based on its materials, and practice, in turn, should be based on evidence-based recommendations and conclusions. Legal science is called upon to guide the organizational and practical activities of various subjects, to study and correct the emerging personal and socio-legal experience, contribute to the development and implementation of legal policy in various areas of public life.Science develops the methodology and methodology of legal knowledge, a system of special principles, techniques, means, methods and rules that are used not only in theoretical research, but also in organizational and practical activities.

The study of legal practice takes place at the theoretical and empirical levels.empirical knowledge usually directed at certain aspects of practice and is based on the observation of facts, their classification, primary generalizations and descriptions of experimental data. Theoretical study associated with the development and improvement of the conceptual apparatus, a deep and comprehensive study of the essence of phenomena and processes, the establishment of laws for the development of legal practice. If at the empirical level the leading side is sensory knowledge, then at the theoretical level it is rational, associated with the creative synthesis of concepts and categories.

Modern scientific and theoretical thinking seeks to penetrate into the essence of the studied phenomena and processes. This is possible with a holistic approach to the object of study, consideration of this object in its origin and development, i.e., in the application of the historical approach.

Study in a scientific sense It means to conduct exploratory research, as if looking into the future. Imagination, fantasy and dream, based on the real achievements of science and technology, are the most important factors of scientific research. It also means being scientifically objective. It is impossible to cast aside the facts just because they are difficult to explain or find practical application for them: the essence of the new in science is not always visible to the researcher himself. New scientific facts, and even discoveries, due to the fact that their significance is poorly disclosed, can remain in the reserve of science for a long time and not be used in practice.

The development of an idea to the stage of solving a problem is usually carried out as a planned process of scientific research. Random discoveries are also known to science, but only planned, well-equipped with modern means, scientific research reliably makes it possible to reveal and deeply understand the objective laws in nature. In the future, the process of targeted and general ideological processing of the original idea continues, clarifications, changes, additions are made, and the outlined research scheme is developed.

Scientific research - this is purposeful cognition, the results of which appear in the form of a system of concepts, laws and theories. Characterizing scientific research, they usually point to its following distinctive features. signs:

It is necessary purposeful process, achievement of a consciously set goal, clearly formulated tasks;

This is a process aimed at search for a new, on creativity, on the discovery of the unknown, on the promotion of original ideas, on new coverage of the issues under consideration.

Scientific research characterized systematic: here both the research process itself and its results are ordered, brought into the system; it is characterized by strict evidence and consistent justification of the generalizations and conclusions made.

object scientific and theoretical research is not just a separate phenomenon, a specific situation, but a whole class of similar phenomena and situations, their totality.

Target, immediate tasks scientific and theoretical research consists in finding common ground in a number of individual phenomena, revealing the laws according to which such phenomena arise, function, develop, i.e., penetrate into their deep essence.

As the main funds scientific and theoretical research, the following are used: a set of scientific methods that are comprehensively justified and consolidated into a system; a set of concepts, strictly defined terms, interconnected and forming the characteristic language of science.

The results of scientific research are embodied in scientific works (articles, monographs, textbooks, dissertations, etc.) and then, after their comprehensive assessment, they are used in practice, taken into account in the process of practical knowledge and are included in a generalized form in the governing documents.

Distinguish:

1. Empirical research: they do not have a theoretical basis, they allow only initial scientific facts to be accumulated.

2. Theoretical study: some theoretical generalizations on the basis of which new theoretical conclusions are formulated.

The nature research distinguishes:

Fundamental - knowledge of reality without taking into account the practical effect of the application of knowledge.

Applied - carried out in order to obtain knowledge that should be used to solve a specific practical problem.

Monodisciplinary - carried out within the framework of a separate science.

Interdisciplinary - carried out within the framework of several sciences.

Analytical - aimed at identifying one of the most significant aspects of reality in the opinion of the researcher.

Complex - focused on covering the maximum possible number of significant parameters of the studied reality.

By purpose holding:

Search - is carried out if the stated problem has not been previously posed, or an attempt is made in the study to solve it in a new way.

Critical - carried out in order to refute the existing theory, model, laws, or to check which of the 2 alternative hypotheses more accurately predicts reality.

Clarifying - aimed at establishing the area, manifestations of theories or empirical patterns.

Reproducing - is based on the exact repetition of the study of the previous ones, in order to determine the reliable, reliable and objective results obtained.

Also distinguished:

Review-analytical research - selection and study of literature on the research topic with a consistent systematic presentation and analysis of the processed material.

Review-critical - review + criticism of what has already been done on the problem and the corresponding conclusions.

Theoretical - contains the theoretical provisions of the author, aimed at solving the problem. In such a study, logic and consistency of judgments should be traced.

Empirical (experimental) - based on real reliable facts. It does not involve the creation of artificial situations to identify and collect the necessary facts. In such a study, one simply observes, fixes, describing what happens in life without the intervention of the researcher. It happens descriptive(experimentally obtained and described new facts) and explanatory(collection, analysis + explanation).

Methodological research - consists in the development, justification, verification in practice according to the criteria of validity, reliability, accuracy of the new methodology.

Experimental research is the most difficult and time-consuming. In the experiment, an artificial situation is always created, the causes of the phenomena being studied are singled out, the actions of these causes are strictly controlled, and the statistical relationships between the phenomena are identified.

Stages of scientific research

Any scientific research includes a number of stages.

1. Statement of the scientific problem

A problem is a theoretical or factual issue that needs to be resolved.

Types of scientific problems:

The Problem of Phenomenon Description

The problem of identifying patterns

The Problem of Explanations

The problem of prediction.

Problem statement steps:

1) Info deficiency detection

2) awareness of the need to eliminate this deficit

3) description of the problem situation in natural language

The issue must be current. The problem is chosen based on preferences and interests.

At this stage, the research topic is formulated, it should not exceed 6-7 words.

The overall goal is an image of the future result to which the research should lead. The most common are:

Description of a new fact or phenomenon;

Identification of the relationship of mental phenomena;

The study of the dynamics of psycho phenomena;

Generalization, as the selection of the most significant phenomena.

The object is defined - it is a fragment of the real world to which the research effort is directed.

There are 2 approaches to defining an object:

1) Object - specific mental phenomena

2) Object-element of measurement, i.e. those units that are subjected to measurement procedures in the study.

The object of research can be:

Individual, dyad, group.

A subject is one or another side, St. Islands, characteristics of an object that are of scientific interest in connection with the problem being solved. The subject of the study is the psyche (psychic processes, states, saints, etc.). Tasks are goals of the second order through the solution of which the final goal is achieved.

You can put forward a preliminary hypothesis.

2. Theoretical analysis of the problem

Work with the information that is available on this issue, then the formation of the author's model of the studied phenomenon, clarification of the scientific problem.

3. Formulation of research hypotheses

A hypothesis is a scientifically substantiated statement of a probabilistic nature about the essence of the studied phenomena of reality. Signs of a good hypothesis:

Appropriateness to the problem

Plausibility

Verifiability

4. Study planning.

A research program is built, methods and specific methods for its implementation are selected.

5. Conducting research according to the planned plan

Results are being recorded

6. Analysis and interpretation of the obtained data.

Primary data analysis, their mathematical processing, interpretation, the initial hypothesis is checked for reliability, new facts are generalized, regularities are formulated.

7. Formulation of conclusions.

Introduction……………………………………………………………………..…….3

Chapter 1

Chapter 2 Questions of methodology of scientific research in legal science……………………………………………………………………….……...16

Conclusion………………………………………………………….………………28

References………………………………………………………………30

INTRODUCTION

The relevance of the work. C The formation of modern legal science is usually considered mainly as the emergence and movement of legal ideas within the framework of the development of the philosophy of law, as the history of legal doctrines. Legal science, as related to social science, is a field of human activity that studies the state and law as independent, but organically interconnected important areas of society. Legal science has as its goal:
obtaining new objective knowledge about their subject (state and law) systematizing this knowledge description, explanation and prediction on the basis of the laws it discovers of various state-legal phenomena and processes.

Crisis phenomena in the modern methodology of legal science are noted by many jurists, and not without reason. Quite often there are studies that are descriptive in nature, come down to commenting on legal acts and do not have scientific value. One of the reasons for this negative trend is the lack of ideas about the methodological tools and, consequently, the authors' misunderstanding of how a truly scientific research should be conducted.Many jurists addressed the questions of the methodology of legal research, among which it should be noted V.P. Kazimirchuk, A.N. Gulpe, D.A. Kerimova, N.N. Tarasova, S.V. Lyubichankovsky.

D.A. Kerimov believes that “the fears of some jurists about the “blurring” of the boundaries of the subject of legal science have no rational grounds.” Such logic leads the researcher to the conclusion that attempts to draw an “absolute dividing line” between the subjects of the social sciences are fruitless, which does not exclude the possibility of determining the subject of a particular science, but means that “the delimitation of the subject of one science from others should go not only along the line of dismembering the objects of research, but also by aspects and levels of research in case of coincidence of their objects.

Objective: to study the features of legal science and legal research.

Work object: methodology of legal science.

Subject of work: legal science and legal research.

Work tasks:

1. Analyze the problems of the subject and object of legal science and legal research.

2. To study the issues of methodology of scientific research in legal science.

Working methods. Theoretical analysis and synthesis of historical, philosophical, legal literature, synthesis, abstraction, generalization.

Theoretical base of the research.The theoretical basis of the study was the work of such scientists as,Alekseev N. N., Baitin M. I., Berzhel J. L., Vasiliev A. V., Denisov A. I., Kazimirchuk V. P., Kerimov D. A., Klochkov V. V., Kozlov V. A., Kozhevnikov V. V., Lektorsky V. A., Malakhov V. P., Novitskaya T. E., Smolensky M. B., Syrykh V. M., Tarasov N. N., Ushakov E. V. ., Yudin E. G. and many others.

Work structure.The work is written on 30 sheets of printed text, consists of an introduction, two chapters, a conclusion and a list of references.

CHAPTER 1. PROBLEMS OF THE SUBJECT AND OBJECT OF LEGAL SCIENCE AND LEGAL RESEARCH

Legal science belongs to the field of social sciences, the purpose of which is to describe, explain and predict the processes and phenomena related to human society, occurring in this society.
The significance of legal science is revealed through its tasks and connection with the practice of state-legal life. One of the primary tasks of legal science, the main one in its significance, seems to be the development of problems of the system of legislation, its development. This is due to the increasing role of legal regulation of public relations, which in turn implies the need for constant improvement of legislation.

The subject of law is such an important social phenomenon for the life of society as law as a regulator of relations between people and their collectives, relations between the state and the individual. Legal science studies the stages of the formation and development of law, the social purpose and role in the life of society as a whole and the individual - in particular, the content and direction of improvement of individual components of law (branches, legal institutions, specific norms, etc.). Under the object of a scientific discipline, it is customary to understand that real phenomenon that needs to be comprehensively comprehended, studied, clarified, etc. In real life, there is a state as an organization of political power and its mandatory instructions addressed to people and their associations, formalized in the form of laws and other regulations. All this is reality, and it requires study, research, clarification, etc. It is this reality in the form of the state and the legal system for managing social processes created by it that is the object of jurisprudence.

The problem of a more detailed clarification of the object of legal science arises to a greater extent due to the fact that in the legal literature (contrary to logically justified expectations) jurisprudence has already been declared a science of freedom. “Jurisprudence is the science of freedom,” V.S. Nersesyants in his recent works. However, the definition "Jurisprudence is the science of freedom" does not yet specifically testify to anything.As you know, there is no consensus on the relationship between the object and the subject of knowledge in the theory of state and law. The main problem is that not all scientists proceed from the need to separate them.Thus, Professor R. Z. Livshits, considering the subject of the theory of law, noted: “The subject of science is the object of its study. To characterize this subject means to show what the given science specifically studies. Another point of view is held, in particular, by Professor V. M. Syrykh. He believes that "recognition of the object of the general theory of law as its relatively independent element, different from what is understood as the subject of this science, is of fundamental importance." Most scientists under the subject of the theory of state and law consider the general laws of the emergence, existence and development of state-legal phenomena, and they single out law and the state as objects. At the same time, it is often stipulated that the question of the object of the theory of state and law is debatable and little developed. .

The differences between the subject and object of cognition stem from the fact that they refer to different sides of the world cognized by man. The object is that which is known. He is the "body" of cognizable reality, its "flesh", "matter". And the subject is its informational component, through which reality is comprehended. Subject and object are two components of cognizable reality: objective (objective) and subject (informational) .

Philosophical self-determination -the process and result of choosing a position, goals and means of self-realization in specific circumstances, the main mechanism for gaining and manifesting inner freedom.The subject and object of knowledge are not identical in scope. The object is wider than the subject, if only because a person, by virtue of his natural abilities, is not able to reflect all aspects of the world around him and their characteristics. He learns only what is available to his consciousness. Outside of cognition, there are many factors of reality that require other means and methods of comprehension, in addition to those that a person is endowed with by nature. The development of science is largely connected with this moment, which is on the path of creating new tools and methods of cognition, with the help of which more and more layers of the reality around us are comprehended, and the process of cognition itself is lengthened due to the appearance of additional links mediating the relationship between subject and object.Objective reality consists of objects that, in principle, are not alienated from it and cannot directly move into the ideal sphere, into the sphere of consciousness. We cognize them indirectly, coming into contact with those potentials of information, the carriers of which are objects. These potentials of information are the objects of knowledge. They are directly connected with objects, as if merging with them into one whole, but at the same time they are able to alienate themselves from them, “moving” intosubject's consciousness. It is important to emphasize that it is not the objects themselves that have such an ability to alienate and, at the same time, to incarnate in ideal forms of reflection, but the information potentials they serve as carriers. So, we are not able to remove a tree or a table from the reality around us and transfer them to consciousness in the form in which they exist in it. In the same way, such objects as the state and law are inaccessible to consciousness. They, like other elements of objective reality, become accessible to consciousness only in the process of cognition mediated by information that serves as a conductor of connections between the ideal sphere of a person and the world around him. .

The purpose of science is the knowledge of the laws of development of nature and society and the impact on nature based on the use of knowledge to obtain results useful to society. Until the relevant laws are discovered, a person can only describe phenomena, collect, systematize facts, but he cannot explain or predict anything. .

Cognition of the surrounding reality is possible for two main reasons. Firstly, because the objective reality is the carrier of information potentials about objects. Secondly, because a person is able to “remove” these potentials, turning them into ideal forms of reflection that consciousness operates with. The named abilities of objects and subjects to their informational interaction form the sphere of knowledge as a reality of direct conjugation of consciousness with the world around us. Thanks to this reality, reality is to a certain extent accessible and open to us.All of the above applies to such objects of knowledge of theoretical jurisprudence as the state and law. They are phenomena of an objective order and outside consciousness. When we reason, theorize about them, we operate not with the objects themselves, but with concepts, ideal forms of their reflection. In the process of cognition, the potentials of information, the carriers of which are the state and law as objects, are “removed” by consciousness in the form of images, concepts, meanings, concepts, ideal models, structures, etc. In other words, consciousness directly interacts not with the state and law as objects, but with those potentials of information that they carry, i.e. with the state and law as subjects of knowledge .

Unlike the object, the subject of knowledge can be alienated from the object and circulate in the ideal sphere as information. Such alienation leads to the "birth" of concepts that reflect the main characteristics of the state and law. Subsequently, these concepts are used as tools for further knowledge of objects. That is, the state and law, being objects, are also objects of knowledge that mediate the comprehension of the objects themselves. The potentials of information, the carriers of which are the state and law, are reflected by consciousness and exist as factors of ideal being, "live" in it. S. L. Rubinshtein noted: “... the state, the political system is an ideology; the state, the political system necessarily include an ideological content, but it cannot be reduced to it. Consciousness, ideas do not exist at all without a material carrier. The political system, the state system is being, a reality, which is the bearer of a certain ideology, certain ideas. But the political system and state system cannot be wholly idealized, reduced to a system of ideas, to an ideology. This aporia of social being extends to being in general, to the concept of being.The proposed interpretation of the subject and the object allows not only to distinguish between them, but also to consider their integrity as a continuum of knowledge.The concept of "continuum" ( continuum ) is widely used in science. Its literal translation from Latin means continuity. This term, as a rule, reflects such characteristics as continuity, inseparability of phenomena and processes. In mathematics, this term is used to denote a continuous collection. An example is the designation by this concept of the set of all points of a segment on a line or of all points of a line, which is equivalent to the set of all real numbers. In physics, the term "continuum" means a continuous material medium, "the properties of which change continuously in space" .

The introduction of the concept of “cognition continuum” into scientific circulation brings together polar points of view on the subject and object in the theory of state and law. With this approach, the position of Professor L. Z. Livshits and other supporters of the unity of the subject and the object seems to be justified in the part that corresponds to their integrity as a continuum of knowledge. At the same time, supporters of the separation of the subject and the object of cognition are right in that the object and the subject are relatively independent elements of this continuum. An object is something that is known, and an object is its informational component.The continuum of cognition is "built into" the model of information interaction between subject and object: subject - object. The components of such interaction are two vectors of influence:

a) object —\u003e subject —\u003e subject;

b) subject —> subject —> object.

On the one hand, objective reality through the potentials of information affects the consciousness of the subject, giving rise to various ideal forms of its reflection. On the other hand, the subject of cognition, by the direction and stability of his cognitive interests, is active in relation to objective reality, discovering in it the desired information potentials that characterize objects.The marked vectors form two types of continuums and, accordingly, objects, objects of knowledge. In the vector of connections object —> object —> subject, an object-subject continuum of cognition is formed, which is represented by a direct object and an object mediated by it. Here the subject of knowledge is formed by an object that serves as a source of influence on consciousness, a carrier of an impulse of information impact. The subject at the same time relatively passively reflects the information potentials that are "presented" by the object. Such direct objects are the state and law, when they are considered in accordance with the traditional interpretation as objects of legal knowledge. In the vector under consideration, the impulse of information impact emanating from the object, as it were, blurs the line between the object itself and the subject of knowledge. The subject develops the illusion of their identity. One gets the impression of the immediacy of the contact of consciousness with the object as a part of objective reality, bypassing the subject of knowledge. The subject perceives the information potentials available to him, i.e. object of knowledge as an object. However, the object, as we have seen, is in principle impossible to "transfer" into consciousness, bypassing the object of knowledge. In the considered continuum, the potentials of information, "removed" by the subject from the object, serve as objects of knowledge, which are mediated by objects. This means that the state and law are simultaneously both direct objects and indirect objects of legal knowledge. .

The vector of connections subject —> object —> object forms another, namely the subject-object continuum with the direct object and the object mediated by it. Here the subject is the potentials of information, the extraction of which from objective reality is directed by the cognitive efforts of the subject. The object in this continuum has a direct character in relation to the subject, and the object turns out to be an indirect object. Such connections can be illustrated by the example of the patterns of emergence, development and existence of the state and law, which are usually considered as a subject of knowledge. But, being such, at the same time they cannot but be objects, i.e. part of the objective reality, on the knowledge of which the efforts of the researcher are directed. Otherwise, i.e. if these patterns do not relate to objective reality, there is no point in talking about their scientific knowledge at all. Science is not interested in fantasies, but in objectively existing patterns. Other than the interests of science.Consequently, the regularities that we are talking about in relation to the subject-object continuum turn out to be both objects and objects of cognition. As objects, they are directly connected with the source of the impulse of cognition (the subject), and as objects, in the process of their comprehension, they are mediated by the object. Therefore, within the framework of the vector under consideration, it is appropriate to call these regularities direct objects and indirect objects. Their traditional interpretation only as objects of knowledge is associated with the same illusion of the identity of the object and the object, which was mentioned above. .

An analysis of two vectors and their corresponding continuums requires a statement that in each of them the state and law, regularities

their origin, development and existence are both objects and objects. Moreover, this is in conditions when, for methodological purposes, we analyze each continuum of knowledge independently of the other. But the learning process is complex. It cannot be reduced to one vector of influence. In fact, the two vectors identified and the two continuums of cognition corresponding to them are in constant interaction, during which the immediate objects and objects become mediated, and the mediated ones become direct. In particular, considering the state as a direct object, we voluntarily or involuntarily get involved in the formation of the object of its knowledge. When we define the regularities of the emergence, development and existence of the state and law as immediate objects, we are forced to reckon with them as objects. In other words, both the named regularities and the state with the right turn out to be not only objects and objects. They can represent their different types, i.e. to be as direct and as mediated objects and objects. And this means that the line between them, if not completely erased, then at least becomes difficult to discern. Apparently, different approaches are needed to distinguish between them. In particular, they can be distinguished on the basis of a systematic approach, which makes it possible to single out system-forming factors. Under them "understand all the phenomena, forces, things, connections and relationships that lead to the formation of a system." P. K. Anokhin considered the search and formulation of system-forming factors to be mandatory “for all types and directions of the system approach” .

If we consider legal knowledge as a system, then such factors should include, in particular, those objects and objects that form, constitute the volume, boundaries of such knowledge. The state and law meet these requirements. Each of them is a backbone or main continuum of legal knowledge, including both the subject and the object. At the same time, the patterns of emergence, development and existence of the state and law in the analyzed context turn out to be derivative continuumslegal knowledge, which assumes them as both objects and objects of knowledge. The derivative nature of these regularities follows from the presence and interpretation of the main, backbone continuums. So, the range of those phenomena that will be included in the scope of legal knowledge depends on the type of understanding of law. If for positivism there is no such thing as a non-legal law, then for the school of natural law its existence is beyond doubt. .

In addition to the types noted above, additional continuums of legal knowledge should be distinguished. In their quality are those phenomena and potentials of knowledge about them, which serve to clarify the basic and derivative continuums (subjects and objects) of knowledge. In this regard, it seems to us that the positions of Professor A. B. Vengerov and Professor V. M. Syrykh are generally correct, which expand the boundaries of the subject of knowledge of the theory of state and law beyond the general laws of the emergence, existence and development of state and law, state and legal phenomena .In particular, Professor A. B. Vengerov sees in the subject of knowledge of the theory of law "some social phenomena that are organically related to law as an integral social institution." It also includes in the subject of the theory of state and law organically related to the state and law the accompanying phenomena and processes. .

Professor V. M. Syrykh also considers the object and subject of knowledge in the theory of state and law beyond their traditional understanding. He understands the object as "the totality of the mechanism of the state, the rules of law, legal, political, and social practice, insofar as it affects political and legal phenomena and processes."Professor V. M. Syrykh expands the traditional understanding of the subject of the theory of state and law, supplementing it with socio-economic, political, moral and other patterns that determine the development and functioning of the state and law, without knowledge of which it is impossible to reveal the subject of the theory of state and law.The factors referred to by Professor A. B. Vengerov and Professor V. M. Syrykh as additional elements that make up the object and subject of the theory of state and law, it is reasonable to refer to additional continuums of knowledge of this science. It seems that the authors of the above judgments themselves, by editing the definitions of the subject matter of the theory of state and law, put precisely this meaning into them. Scientists in the first place in the subject put the patterns of occurrence, existenceand development of the state and law, state and legal phenomena. In addition, A. B. Vengerov highlights these regularities in bold type, emphasizing their decisive importance in the subject of science. .

With a clear distinction between the object and subject of legal science, the problem of multi-aspect legal research and questions of the subject certainty of jurisprudence acquire other meanings and move from the plan of ontological statements about law to the area of epistemological characteristics of legal science, the methodology of cognition of law. This allows us to pay attention to the methodological problems of legal science related to the correlation of diverse ideas about law, their synthesis within a single theoretical system. With this view, addressing various aspects of the study of law, on the one hand, means expanding the subject of legal science, and on the other hand, it can create problems of correlation of new ideas about law with established concepts and categories that shape a certain concept of law.In principle, the expansion of the subject of legal science, including through the study of various aspects of law, can be considered one of the characteristics of its evolution. However, it is necessary to distinguish between applied research and development carried out by lawyers in the course of solving certain particular problems and their attempts to look at law from different angles in order to deepen knowledge about it as a whole. In the first context, the appeal to various kinds of "non-legal" issues is mainly associated with the solution of specific research or practical problems of jurisprudence..

CHAPTER 2. QUESTIONS OF METHODOLOGY OF SCIENTIFIC RESEARCH IN LEGAL SCIENCE

In modern legal literature, the most common approaches to understanding the method of cognition of legal phenomena can be represented in the following provisions. The method is:

· a specific theoretical or practical technique, an operation aimed at understanding legal phenomena. It is in this semantic context that the concept of "method" is used in relation to such means of knowledge as induction, comparison, observation, experiment, modeling;

· a set of theoretical and (or) practical methods and means of cognition of the subject of legal science, expressing the specifics of the methodology of a particular study, its special path;

· a certain scientific theory, taken in the service role of its concepts and laws in relation to a more specific level of scientific research;

a set of scientific theories, principles, techniques and means of cognition of the subject of science as a whole;

The method of science is an integrative holistic phenomenon .

System approach in legal researchis a direction of the research methodology, which is based on the consideration of the object as an integral set of elements in the totality of relations and connections between them, that is, the consideration of the object as a system. The systematic approach was a certain stage in the development of methods of cognition, research and design, methods of describing and explaining social, natural or artificially created objects.Despite the fact that the term "system approach" is widely used in the scientific literature, it has not yet developed a universal and at the same time sufficiently effective set of specific means and methods for solving cognitive issues. This is largely due to the fact that the systematic approach is presented as a fundamental methodological orientation, as a point of view from which the object of study is considered (a way of defining the object), as a principle that guides the overall research strategy. Thus, the systems approach is more associated with the formulation of scientific problems than with their solution. But this is not a reason to abandon this approach in scientific research. As E.G. Yudin, “the understanding of the fact that obtaining a significant result directly depends on the initial theoretical position, more precisely, on a principled approach to posing the problem and determining the general ways of moving research thought” takes root in the minds of researchers. .

System analysis as a method of legal research.Born in the middle XX century, the systematic approach laid the foundation for the development of system analysis, which today has outgrown the scope of the method and is perceived by many scientists: a) as a set of methodological tools; b) as one of the theoretical directions of system research; c) a way to solve managerial and organizational problems. The authors propose to consider system analysis in a narrow sense: as a specific method, the basis of which is the procedure for decomposing the whole into parts.However, if such a traditional method as analysis consists in presenting a complex object as a set of simpler elements, then in system analysis the object should be considered as a set of its constituent elements, taking into account their relationship, more precisely, the latter should be perceived as one of the criteria when highlighting one or more other part.

Structural analysis as a method of legal researchis one of the aspects of the practical implementation of the systems approach. The structure of the system is the organization of connections and relationships between the elements of the system, determines the totality of relationships, as well as a set of functions that allow for purposeful activities. If the concept of "system" focuses on the composition of its elements and their holistic nature, then in the concept of "structure" - on their connection, as the basis of the entire organization. The system is dynamic, the content of its elements is constantly changing, and the structure is static. When conducting a structural analysis, it is necessary to identify vertical links and compare them with the ability to coordinate and control.Another aspect of structural analysis is to establish the impact of one element on another. At the same time, it is important to note that the impact can be direct, when it has the form of a subject-subject, and indirect, when one element of the structure affects another through some mechanism. .

Functional analysis as a method of legal research.In the scientific literature concerning the consideration of the functions of the object under study, they often talk about the functional approach. N.N. Tarasov writes: "The methodological approach is how law and legal phenomena can be understood in the process of research." If structural analysis is aimed at studying the object itself (internal aspect), then functional analysis aims to study it within a more general system (external aspect). In this case, there is an abstraction from the elements that make up the system, and it is considered as a whole. Functional analysis involves considering an object as a complex of functions performed by it.

Structural-functional analysis as a method of legal researchis a synthesis of structural and functional analysis and allows us to consider the functions of each structural unit in relation to the system as a whole. Functional autonomy should be understood as the possibility of the existence of a structural unit when it is separated from the system .

Deviations from the rules of methods do not always lead to great scientific discoveries, and most often to incorrect results. In this sense, constructive refutation of the rules of the existing method of science does not happen every day and can hardly be a mass practice of scientific research. The proportional ratio, relatively speaking, of constructive and non-constructive violations of the method of science, apparently, is different in different periods of the development of science. Any deviations from the method of science remain within the framework of its methodology. The fact is that such “violations” do not concern the denial of methodology as a condition for the scientific nature of research, but only the specific rules of the method and cannot shake the very idea of methodological support for scientific activity. In other words, it is possible to deviate from the rules of the method of a particular science, as historically established and generally accepted at this stage of epistemological attitudes or requirements for research. However, the denial of one method is possible only through the creation of another method, and this, again, is the subject and problem of methodology and confirmation of its need for scientific research. .

L.A. Morozov, all the variety of methods of legal science is divided into the following groups: 1) general philosophical, or ideological methods; 2) general scientific (general) methods; 3) private scientific (private, special) methods. General philosophical methods serve as the basis, the soil on which legal science develops; general scientific methods are those that are used in all or many areas of scientific knowledge (historical, logical, systemic and functional). General scientific methods are techniques that do not cover all scientific knowledge, but are applied only at its individual stages. General scientific methods include such methods as analysis, synthesis, systemic and functional approaches, the method of experiment, the method of historicism, the hermeneutical method, etc. Private scientific methods are the use of scientific achievements of technical, natural, related social sciences by legal science. This group of methods includes such methods as the method of specific sociological research, modeling, statistical method, method of social and legal experiment, mathematical, cybernetic and synergetic methods..

It is customary to single out legal methods proper - comparative legal and formal legal methods. Actually legal methods, the list of which is very incomplete, constitute an independent group of methods. The comparative legal method consists in comparing state and legal systems, institutions, categories in order to identify similarities or differences between them. The formal legal method is traditional for legal science and constitutes a necessary step in the knowledge of the state and law, since it allows you to study the internal structure of the state and law, their most important properties, classify the main features, define legal concepts and categories, establish methods for interpreting legal norms and acts, systematize state-legal phenomena.

Planning research work is essential for its rational organization. Research organizations and educational institutions develop work plans for the year based on targeted comprehensive programs, long-term scientific and scientific and technical programs, business contracts and research applications submitted by customers. For example, when planning scientific research of a criminal law, criminal procedure, forensic and criminological nature, research institutions of the Ministry of Internal Affairs, the Ministry of Justice, the Prosecutor General's Office of the Russian Federation, and other ministries, committees and services had to take into account the measures contained in the Federal Target Program to strengthen the fight against crime, in special federal targeted programs dedicated, in particular, to the prevention of neglect and juvenile delinquency, counteracting drug abuse and illegal drug trafficking. Similar programs have been adopted by the constituent entities of the Russian Federation. The results of scientific research are evaluated the higher, the higher the scientific nature of the conclusions and generalizations made, the more reliable and effective they are. They should form the basis for new scientific developments.

One of the most important requirements for scientific research is a scientific generalization, which will allow establishing the dependence and connection between the studied phenomena and processes and drawing scientific conclusions. The deeper the findings, the higher the scientific level of the study. The results can be presented in the form of a scientific report, theses, developments, etc.Scientific research is characterized by the use of such forms as hypothesis, theory and model. These forms of scientific research are characteristic of modern science, even from a purely external formal side. In addition, there are also forms of scientific knowledge that differ, say, from ordinary judgments not formally (as, for example, a theory or model), but only functionally. These include: problem; idea; principle; law; guess, etc. .

Mental activity (MD) is a complex of intellectual and communicative processes included in the context of organized collective activity. The scheme and concept of MD arose as a result of many years of searching for ways and means of combining ("configuring") theoretical and methodological ideas about thinking and ideas about activity. The problem was to set and theoretically describe integral units of thinking and activity, in which the mechanisms of communication between thinking and speech-language, on the one hand, thinking and action, on the other, speech-language and action, on the third, would be realized..

In the modern period of actualization of the development of domestic legal science of methodological research, approbation of new cognitive techniques, an interdisciplinary research program related to the study of self-organization phenomena (the emergence of stable structures) in highly non-equilibrium systems, denoted by the generalized term "synergetics", is of particular interest. Representatives of legal science are still little familiar with the conceptual structure and methodological means of synergetics, although the relevance and prospects of their use in the cognition of legal phenomena and processes have been noted by a number of specialists. It is necessary not only to further popularize synergetics as a potential methodological resource of jurisprudence, but also to comprehend the real prospects for its use in modern jurisprudence, assess its potential compatibility with the conceptual apparatus and methodological arsenal of legal science, its epistemological possibilities and limits of use. A preliminary scientific examination of the respective method is required. To understand the real role of the concepts and laws of synergetics in the knowledge of legal realities, it is important to determine the methodological status of synergetic structures. First of all, we are talking about the legitimacy of their characterization through the prism of such concepts as “methodology”, “method” and “methodological approach”. By answering the question of which of them adequately reflects the methodological function of synergetics in legal research, we will achieve something more than simple terminological certainty. .

In the works of jurists, as well as representatives of other sciences, there has not been an unambiguous semantic interpretation of the above phenomena and the scientific terms corresponding to them. Among scientists, unity has not been achieved in understanding the status of the methodology of science, and the very concept of “methodology” is interpreted by them inconsistently. The methodology is understood as

philosophy in general; a special section of philosophy (theory of knowledge, philosophy of science, etc.); independent science with its ownsubject and method; a system of theories that play the role of a guiding principle and means of scientific knowledge; application of the system of scientific principles, techniques and methods of research of the subject of science; system of methods of scientific knowledge; a system of methods and procedures for theoretical and practical activity in unity with the principles underlying it; a set of teachings on the methods of scientific knowledge of phenomena and teachings on the methods of practical use of these phenomena.

At present, interdisciplinary research is considered, first of all, as a problem of research practice, as well as the translation of its results into a system of knowledge, as well as into a practical plane. The main task is to overcome the contradiction noted by I. Kant between the structure of reality, the patterns of organization of which are not always known to us, and science, organized according to scientific disciplines with basic assumptions, hypotheses and interpretations of information about reality characteristic of each of them. and her organization. It should be clearly understood that any practical task is interdisciplinary in nature, that is, it involves the involvement of specialists from various fields of knowledge to solve problems or implement developments aimed at the long term. Accordingly, representatives of various scientific disciplines, as well as business and public organizations, should be involved in their implementation. This task, although not always in an explicit form, faces participants in interdisciplinary research of any scale. .

Research programand the project is a unit of scientific knowledge; a set and sequence of theories connected by a continuously developing foundation, a commonality of fundamental ideas and principles. Fundamental research of law is an experimental or theoretical activity aimed at obtaining new knowledge about the basic patterns of the structure, functioning and development of society. They are carried out primarily for the purpose of gaining new knowledge about underlying principles or observable facts and are not aimed at achieving a specific practical goal or solving a specific problem.Applied Research- research aimed primarily at applying new knowledge to achieve practical goals and solve specific problems.

One of the most difficult issues at the initial stage of developing a scientific direction in the legal field is identifying a relevant scientific problem, assessing its prospects in terms of potential scientific results. In the field of jurisprudence, additional difficulties arise due to such specific features of this science as the presence of a large number of different schools and directions, a wide range of opinions that arise in this regard, as well as the difficulty in formalizing the legal language. Of course, it would be naive to think that this "problem about a problem" (meta-problem) is easy to solve - the greatest minds of mankind have thought about it. Nevertheless, as the practice of scientific work shows, there are no uniform criteria for choosing problems that need to be resolved - most often such an assessment occurs by analyzing scientific controversy in the literature and communicating with colleagues. In any case, identifying certain difficulties in solving a certain issue, one should talk about the presence of a problem: when "a person meets some kind of obstacle that interferes ... he finds himself in a problem situation." To some extent, this understanding of the problem correlates with the ideas of J. Holton, who distinguishes the thematic structure of scientific activity. The scientist wrote: “The topics that appear in science can be represented as a new dimension ... something like an axis”, that is, a certain direction of interests. In a certain sense, we can consider that a topic in science consists of a set of particular problems and is, so to speak, a super-problem. Problem is a largely subjective concept; it is possible that a certain problem exists only for this particular individual, and most of the scientific community may not consider it a problem. However, for a sufficiently experienced researcher, this circumstance is not a reason for refusing to develop the problem situation identified by him. Finding a relevant scientific problem is a task that requires deep preliminary familiarization with the developments in the field under study. The study of a large body of bibliography involves difficulties of a technical nature, however, there are no fundamental difficulties in identifying a scientific problem as a subjective obstacle (we emphasize: obstacles without assessing its complexity) - an analysis of the existing scientific controversy and dissertations gives a fairly correct idea of the cutting edge of the discipline from the point of view in terms of a rough estimate of the number of existing, i.e. actually widely discussed, problems. Of course, there are problems that are not obvious, but they are also based on all the previous experience of science, and, therefore, it is possible to come to them by analyzing the bibliography. It should be noted here that at the stage of identifying a problem, it is most often presented to the subject as a pre-problem (an undeveloped problem), the solutions of which are not visible. It is precisely such problems, despite their “undeveloped” name, that are the most interesting in scientific terms, although it is absolutely necessary to clarify the problem, but this is already a certain scientific work that studies the problem itself. .

The use of logic methods in the process of identifying a problem is absolutely justified. However, it seems that it is difficult to completely formalize the legal problem in this way - it is known that often in logic there is a distraction from the semantic connection between judgments, which, of course, is unacceptable from the point of view of the risk of losing the general semantics of the problem. Nevertheless, it should be recognized that the question of expressing the problems of legal sciences in the language of logic is very important; in particular, in recent decades, a section of logic has arisen that specifically studies questions of law - the logic of norms. Thus, under certain restrictions in the use of formalized languages of logic and mathematics, we come to the conclusion that the discovered legal problem must at least be presented in the form of judgments of a specific “language for special purposes” - the scientific language of a particular subject area, which in legal sciences is close to natural language .

The cognitive situation in science in recent years is characterized by excessive subject diversity and a growing need for information. To a large extent, this state of affairs was the result of intra- and interdisciplinary competition. It is the competitiveness of scientific disciplines that stimulated the growth of efficiency, diversity and complexity of scientific knowledge and technologies. .

The main constraint in the development of legal science is the lack of a scientifically based methodology for effectively predicting social processes (this is a common problem in Russian science, and not only) and, in particular, predicting the consequences of making managerial decisions and various kinds of regulatory legal acts, primarily laws (and This is already a problem of legal science proper). The absence of this methodology - in the sphere of the legislative process - leads, in particular, to the fact that the lion's share of the laws adopted in our country in recent years by the federal legislator are local changes and additions to existing, moreover, recently adopted laws.With the variety of research attracted by jurisprudencetoolkit is sometimes associated with multidimensionality, versatilitystudy of law, which can be considered, among other things, asevidence of the theoretical maturity of jurisprudence. Legal science, in all its diversity of official and unofficial branches and specialties, is not only not an exception here, on the contrary, the lack of a general scientific methodology for predicting the consequences of managerial and other decisions, legislative and other legal acts inevitably leads to the defectiveness of these decisions and acts, to the fact that they “start to act exactly the opposite” against the will of the legislator, to the fact that some “nimble guys” adapt them to work exclusively for their own selfish interests, as opposed to public.

CONCLUSION

Legal science is a system of knowledge about the objective properties of law and the state in their conceptual and legalcomprehension and expression, about general and particular patterns of emergence, development and functioning of the state and law in their structural diversity.The main features (signs) of legal science:

1. Social science, which has an applied character.

2. A science that has the properties of exact sciences.

3. A science that embodies the virtues of the sciences of thought.

Knowledge of the history of jurisprudence broadens one's horizons, enriches with the experience already accumulated in the course of the history of the study of law and legal phenomena, allows one to link one's own research with general trends in the development of jurisprudence, and makes it possible to avoid repeating versions already discarded in the course of previous studies. The study of the methodology of legal science is necessary to obtain true knowledge, to plan research, it makes it possible to evaluate the positions expressed in science. The problem of scientific knowledge criteria is one of the topical for jurisprudence. It occupies a special place in the theory of state and law, which, being by its nature a generalizing science, is called upon to formulate in a theoretical form modern ideas about law and the state, based on cognitive procedures that take into account the specifics of the humanities..

In the last decade and a half, when attempts were made in the domestic science of the theory of state and law to comprehend state-legal phenomena free from ideological attitudes, it turned out that the methodology of legal research does not meet modern ideas about the criteria for the scientific nature of jurisprudence. Two important factors contribute to this. Positive for jurisprudence, the rejection of the use of dialectics as a universal methodology of humanitarian knowledge is accompanied by a paradoxical methodological regression, which manifests itself in the desire to preserve the familiar positivist paradigm of legal research. On the other hand, the crisis of epistemological foundations in the domestic science of the theory of state and law is developing against the background of the modern methodological situation, called postmodernity, when the criteria for the scientific nature of jurisprudence as such have been called into question. Therefore, legal science cannot remain aloof from the discussion of such an important problem as the criteria for its scientific character. .

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§ 2. Dialectical principles of scientific knowledge in jurisprudence

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