Features of the nature of legal prediction
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The paper investigates the question of legal forecasting is a complex legal activity, consisting of a study of the future state of processes and phenomena, the pace of their flow and the specific timing for their implementation. The prognosis has probative value and a proper scientific explanation. At the same time, the forecast can be refute by further historical changes in completely or in part, but in preparing the concept, the legal forecast contains knowledge about the future and possesses all the features of scientific knowledge in the form of scientific assumption. Summarizing the scientific analysis of the nature legal prediction important to emphasize that the quality of legislation is determine primarily by its social content, its compliance with social needs and interests. In contrast, the empirical basis of the general theory of law, the forecast should anticipate and correctly anticipate the future of legal phenomena. This kind of knowledge can obtained in various ways, including because of intuition. However, a kind of scientific research, the forecast becomes only when based on the provisions and conclusions of the general theory of law, other legal sciences and consists of the use of special methods of scientific knowledge. The author determines that the development and improvement of legal forecasting research will provide an effective way of linking legal science and practice. Simultaneously, it will allow not only to realize the scientific provisions and conclusions in the form of recommendations on proper law or proposals for the improvement of legislation, but also to substantiate the reliability of the proposed measures in the future, taking into account the following social and other changes. Indeed qualitative laws, laws that combine various social interests based on the creators of the common will, who have a high potential for self-realization, require the use of legal prognostication. Consequently, only in such conditions the value of scientific, namely, legal and social forecasting, is dramatically increasing, and science as a specific social institution, designed and able to formulate and defend the interests of society as a whole, should take a more active social position in the implementation and implementation of legal forecasting in order to achieve social agreement.
Authors and Affiliations
Mariia Osiadla
Keywords
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