Theoretical and legal sciences: unity of the task with a variety of methods

 
PIIS013207690009226-0-1
DOI10.31857/S013207690009226-0
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of theory of state and law and political science of the faculty of law at Lomonosov Moscow state University; Southwest University of Political Science and Law
Affiliation:
Lomonosov Moscow state University
Southwest University of Political Science and Law
Address: China, Chongqing
Journal nameGosudarstvo i pravo
EditionIssue 4
Pages38-46
Abstract

The article discusses the features of the methodology of theoretical and legal sciences: the theory of state and law, philosophy of law, history of political and legal doctrines. On the basis of the primary sources, nature, content, and the main historical stages of their development are shown. The author proceeds from the fact that the subject of studying the theory of law is based on the achievements of the concept of legal positivism and its main goal is to create a legal conceptual and categorical apparatus based on a generalization of political and legal reality. The theory of state and law is an explanatory science, the purpose of which is to create and systematize concepts on the basis of generalization of a large body of material, propose criteria for classifying institutions of law and state. The subject of philosophy of law is the doctrine of the ultimate foundations of law, its essence, qualitative differences from other social norms, the foundations of the existence of law from the stand-point of history and socio-philosophical knowledge of law. The history of political and legal doctrines refers to descriptive and classification sciences - it provides factual material and sets a peculiar scale for research and assessment within the framework of the theory of state stress and law and the philosophy of law.

Keywordsmethodology of legal science, philosophy of law, theory of state and law, history of political and legal doctrines, methodological pluralism of legal understanding
Received21.08.2019
Publication date11.06.2020
Number of characters34985
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