Legal analysis: doctrinal approach and practical comprehension

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Legal analysis: doctrinal approach and practical comprehension

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

Abstract

Unfortunately, among many scientific directions of the present, it has not yet got a full-fledged look like a legal analyst. However, one can not fail to emphasize the fact that scientists from the present and the past have repeatedly drawn attention to the importance of predictability of scientific and practical innovations in the legal form. We can immediately point out that legal research should be based not only on not only on the effect and efficiency of this minute, as the mother has a prognostic, but on the «future» of a serious scientific analysis, confirmed by relevant conclusions, which are substantiated by appropriate methodologies and methodological grounds. Seemingly understandable things would be: careful analysis, tactics of «foresight» for the future, strategy of fundamental right-state-building are necessary components and factors of the overwhelming majority of reforms. Therefore, it is likely that there is a timely concentration of attention, on the one hand, on these areas of scientific research, and, on the other, a more applied, instrumental task of generalizing scientific advances in order to work out a promising «movement» of legal research. It is understandable that normative legal acts, on which some public trust in ordering social relations is based, unfortunately, do not work and explain it only by referring to the complicated economic, political, social, etc. conditions, it seems, makes no sense. The fact is that every act must have its basis for a serious and comprehensive study of its potential action, a certain constructive, real effect, compliance with public expectations, and so on. We propose for this more detailed elaboration of the category of «legal analytics». First of all, as it is inherent in scientific developments in the field of the theory of state and law, we will turn to the categorical-conceptual apparatus. In particular, we will propose a vocabulary definition: «analytical» – one that is based on the application of analysis; the one using it, doing the analysis. Another definition: «analytics» – the theory of analysis, is based on analysis or used for it. In this way, let us define legal analytics as methods and techniques relating to conducting an analysis in a particular legal field (direction) for obtaining the relevant knowledge (doctrine). Structurally, legal analytics can and should embrace both an appropriate analysis of existing norms, and the appeal to «prognostication», on the prediction that it may be possible to program the necessity, the actual action, th e potential, the potency of a certain legal act.

Authors and Affiliations

Nataliia Onischenko

Keywords

EP ID EP544441
DOI -
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