Methodological toolkit of legal phenomena
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue
Abstract
In the scientific literature, there are three approaches to the formation of methodological research tools. The first approach covers ideas reflecting the research method as the interconnected unity of its theoretical and conceptual apparatus. The second approach covers ideas reflecting the method of research not only as an interconnected unity of its theoretical and conceptual apparatus, but also as a set of general and special methods of cognition. The third - includes ideas reflecting the research method as a collection of general, special and individual methods and methods, means of scientific knowledge. In this case, the theoretical- conceptual apparatus plays an important role for research, it is the basis of its methods, but it cannot be an independent method of research. In essence, the third approach combines the first two and, in our opinion, is most effective for the correct solution of a scientific problem. It follows from this that the fundamental categories of our study will be formed using appropriate methods of their knowledge in society. The very definition of categories will help to establish methods for their research. It is explained by the fact that concepts and categories reveal the essential aspect of social phenomena, and their use in the process of scientific knowledge implements the theoretical function of research with the help of appropriate methods. The establishment of the most research methods most effectively carried out on the basis of certain basic categories of research. By establishing the most common categories of research, let’s proceed to the study of the appropriate methods for solving the scientific problem. Here the researcher should remember that the complex of applied research methods should be sufficiently stable and convincing that the use of additional techniques and methods could not affect the basic results of scientific research. At the same time, the process of forming the methods of studying legal categories is complicated by their relationship with individual, subjective relations and motivations, as well as with relations between interpersonal, collective, since each individual adapts to those conditions that are formed at a certain point in society. At the same time, one should not forget that legal categories belong to symmetrical contradictions and reflect the unity of opposites in society. Taking into account the above, it can be argued that the mentioned categories, in addition to the general scientific methods of knowledge (analysis and synthesis, induction and deduc- tion, etc.), are characterized by a set of special research methods. In addition, it should be noted that the legal categories are dialectically interconnected and have equal impact on the processes of social life. They interact in the form of struggle, opposition and complementarity and aim at achieving certain goals of the subjects – it counteracts their coexistence. It is the principle of equal coexistence of these categories that ensures the symmetry of their interac- tion, which is inherent in democratic regimes in a state-organized society. Violation of the principle of equality of such contradictions can lead to excessive asymmetry of their existence in a society typical of undemocratic political regimes.
Authors and Affiliations
Svitlana Bobrovnik
Keywords
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