Analytics as a methodological basis of historical and legal research

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Analytics as a methodological basis of historical and legal research

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The development of the methodology of legal science is one of the most important tasks of Ukrainian legal science. A pluralistic approach to law and to its history also determines methodological pluralism as a set of independent methods. Currently, the historical and legal science is actively seeking ways to modernize the methodological instruments and overcome the methodological gaps discovered during the postmodern discourse. At the same time, there are urgent problems concerning the establishment of the idea of the level of methodology, the development of various scientifically grounded models (structuring) of coexistence/complementarity/harmonization of different methodological levels; attraction and legalization, or rather, integration into the historical and legal science, methods of other sciences, both humanitarian and natural (in particular, biology), etc. Their solution is directly related to the implementation of analytical activities as a set of appropriate procedures, methods and techniques that enables the acquisition of true knowledge and is a guarantee of the effectiveness of scientific legal and, in particular, historical and legal studies. The basis for the article was the development of O. Skakun, who explores the systematic and multifactor of the modern methodology of legal science, I. Kovalchenko, who, under the pluralistic approach to history, understood the synthesis of various theories of the historical process; M. Kostytsky, who notes that the analytical approach can be considered by the historical and legal phenomena through the prism of the triune structure of the general, particular, unitary; M. Kellman, who emphasizes the significance of the methodology of jurisprudence in identifying new patterns of development of law and other legal phenomena, the formation of an effective system of legal knowledge as well as the works of V. Kirichenko, L. Savvenok and others. The purpose of the article is to find out the content and essence of the analytical component of historical and legal research as its methodological basis, outline the range of analytical practices in the knowledge of historical and legal reality. I. Kovalchenko distinguished three types of levels of cognition and relevant theories: comparative, analytical, synthetic. The basic, or the required levels are the first two. The third is the goal, but given the specifics of the object and subject of historical and legal research, it is not always achievable.Each of these levels determines its own set of analytical procedures and practices that have their own peculiarities. According to the above it is obvious that the history of law – mostly empirical science, has the main task of creating as much as possible a verbal image of the object under study. Here is an important use of the descriptive method, which is clearly analytic in nature. Its main components are such as basic techniques as observation (in historical and legal science are limited), verbalization (finding the most precise verbal expressions of the object being studied); generalization and classification; temporal-spatial binding (establishment of the time and spatial framework of the study); interpretation (content discovery) (N. Krestovska). It is worth noting that the historical and legal narrative, «sifted» through the sieve of legal thinking, an integral part of which is the analytical component) – the primary and necessary cell of historical and legal knowle dge. From the empiric (description) to theoretical knowledge, the cognitive method of interpretation (explanation), which is at the same time the second level of cognition or its first theoretical stage, serves as the source Such methods as interpretation-historical method, method of formal-logical, historical and legal modeling of past legal acts, events, processes are the main in historical and le gal study (O. Skakun). Thus, the constructed methodological hierarchy can testify to the perception of the ideas of the critical philosophy of history (its analytical wing), which deals with four main problems: 1) history as a specific branch of knowledge; 2) truth and fact in history; 3) historical objectivity and 4) historical explanation (V. Wolsch). In particular, the historical explanation occurs in the method: causal, through law, genetic, structural, functional (I. Kovalchenko). There are few important factors of constructing the theory (on the way from the concrete to the general): the nomination of the idea as the core of theoretical knowledge and the implementation of categorical synthesis. In modern historical and legal science, a number of important methodological determinants of this «reverse» movement can be identified. Among them, the idea of the historical-legal process as a subjective-objective, both socially and culturally predetermined, as an integral part of the civilization and cultural development of society, with the active role of its subjects, etc. At the same time understanding in the context of the knowledge of historical and legal reality requires a number of accepted postmodern challenges. Analytical comprehension needs a historical and legal reality in view of the establishment of the concept of «integrity» or «totality» in post-humanitarian clarification in humanitarian terms, which is the integrity of human and non-human factors. Additional, first of allanalytical reflectionsrequire a proper postmodern theory (in particular deconstruction, constructivism, narrative, texturalism), the cognitive capabilities of which are able, in particular, to change their perspectives and new accents and contexts to advance in the dev elopment of historical and legal knowledge. The foregoing gives grounds to assert that the analytical component is present at all stages of historical and legal research. At the same time its methodological basis of analytics is primarily at the level of constructing theories and concepts. Thus the essence of analytical practices is manifested throughout the process of methodology – the definition of approaches, principles, methods of knowledge of historical and legal reality on the basis of their as comprehensive research register drawn up in the light of modern scientific and cognitive practices, which must ensure that the research is brought to the maximum possible level at this stage of scien ce.

Authors and Affiliations

Tetiana Bondaruk

Keywords

EP ID EP544597
DOI -
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