Legal analysis as a scientific knowledge
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The main theoretical approaches to the concepts designation, essence and features of analytical method and analytical activity in the legal field are analyzed. A performance of analytical method would involve the collection and processing of information. As a result, new knowledge, of the subject of research and its future development, appears. Also it assumes examination of sources of influence on studies and includes using extensive range of research methods such as: logical, historical, classification, comparison, synthesis, induction, deduction, analogy, systemic, monitoring etc. The key element of implementation of this method is the information concerning the law and state. And processing of this information assumes analytic activity as a result of an alytic thinking. Analytic activity in the field of law is multidimensional. It can be seen during the process of realization of law and exercise of the state’s functions. That’s why, the analytic method as a scientific concept and analytic activity as a phenomena of social reality are interrelated. The implementation of analytic method in the field of law means exercise of analytic activity concerning law as the phenomena of social reality. Such an activity has a research nature. It is implemented on professional base by sole practitioner or public institution or law firm. According to the legal persons, who carry out analytic activity in the field of law and state, it can be qualified as governmental and non-governmental. Concerning later qualification of analytic activity in the field of law, depending on purpose, it can be strategic or current, depending on volume of public relations that are analyzed, it can be partial (within the problem) or complex; depending on timing of analytic activity, it can be permanent, periodical, situational. To ensure effectiveness for analytic activity in the field of law it is significant to adhere to certain principles that are crucial foundations, determining its essence and concept. Theoretical aspects of analytic framework have already received research in research in scientific methology in general. They are identified as: credibility, timeliness, clarity, justification, objectivity etc. For instance, an expert activity is analyzed as one of the other types of analytic activity.
Authors and Affiliations
Nataliia Parkhomenko
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