Conditional and unconditional in legal science and legal education

 
PIIS160565900030394-7-1
DOI10.61205/S160565900030394-7
Publication type Article
Status Published
Authors
Occupation: Professor of the Department of Theory of State and Law
Affiliation: V.Ya. Kikot Moscow University of the Ministry of Internal Affairs of the Russian Federation
Address: 140074 Russian Federation, Moskovskaya oblast, Lyubertsy, Komsomolsky Prospekt, 10/1 - 169
Journal nameJournal of Russian Law
Edition
Abstract

The article deals with the question of the ratio of conditional and unconditional in legal science and legal education. On the one hand, they have a desire to establish the identity of those mental structures that they represent with the objects, processes, properties they study, which gives them unconditional knowledge of the highest value. On the other hand, science and education develop by questioning existing knowledge, which implies recognition of the conditionality of the latter. The author aims to differentiate the conditional and unconditional in legal science and legal education, believing that this makes it possible to better understand them.

To achieve this goal, the question of whether legal dogma (dogma of law) is unconditional is solved; the properties of legal science and legal education are analyzed, which determine the ratio of conditional and unconditional moments in them; the search is carried out for what, being unconditional in law, remains unconditional in its reflections in legal science and legal education.

At all stages of the research, general scientific methods were used primarily: analysis, synthesis, induction, abstraction, reduction, ascent from the abstract to the concrete, and others.

According to the results of the study, it is stated that in legal science and in legal education there are both conditional and unconditional, while the conditional prevails in them. Unconditional – absolute, self-evident, non-accidental, timeless, unchangeable, independent of anything – are only the cultural conditionality of legal science and legal education, as well as the reproduction in them of those archetypes, attitudes, semantic ideas and basic values that make up the deep layer of the legal culture of society. In their conditionality with these components of legal culture, legal science and legal education appear to be an organic part of the legal culture of society.

Keywordslegal science, legal education, unconditional and conditional in legal science, unconditional and conditional in legal education, dogma of law, legal dogma, methodology of legal science, legal culture
Received25.03.2024
Publication date24.04.2024
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