Methodology of scientific research of legal guarantees of human rights
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
The article substantiates the relevance, importance of studying the problems of the methodology of law for the theory of state and law in general and for each scientist in particular. After all, the methodology and its cognitive tools, act as an assistant in conducting scientific research and help the lawyer choose the most optimal way to study a particular object of scientific research. A sufficiently large volume of profile literature has been analyzed, which allows us to form a completely stable presentation, concerning the ambiguity and discussion of this topic. In addition, attention was paid to the need for a full-fledged, professional study of such problematic issues: 1) the problem of categoricallylegal apparatus of the legal institute of methodology in law; 2 ) classification of scientific research methods. In studying the terminological problem, the author drew attention to the presence in the legal literature of a large number of concepts, namely: methodology of science, methodology of scientific research, methodology of scientific knowledge, methodology of the theory of state and law, methodology of a specific dissertation research, methodology of legal science, methodology comparatively legal research. These definitions essentially aim at explaining and disclosing the meaning of such a term as a «methodology» in the context of jurisprudence, but such a range of concepts can lead to a false idea of their fundamentally different nature. In this case, the peculiarity of these legal categories is explained by the specifics of the object of scientific research, which dictated the choice of those or other cognitive tools. With the purpose of a certain systematization of these processes, the author of the article, it is suggested to choose the legal category «methodology», as «generic» concept, «methodology of legal science», as «kind», and «methodology of comparative legal research», as «directly-about» conceptual «concept». In the article, taking into account the positions of scientists, the explanation of each of the recommended concepts is given. In addition, the meaning of the concept, «methodology» and «method» are analyzed, taking into account their etymological essence. In the article, the specified legal categories are considered in the narrow and wide sense. The author of the presented scientific work, the actual definition of the definition of «methodology» in the context of the theory of state and law. Thus, under this category, it is proposed to understand the doctrine of methods, as well as other means of knowledge such as: principles, approaches, categories, forms of activities of the researcher, which help the scientist, to analyze the selected object, research subject and provide the necessary tools for further implementation of the results in the practical-application plane. Particular attention is paid to the problems of monism and pluralism of scientific research methods. According to the author of the article, to the question of the choice of research methods, it is necessary to approach cautiously and responsibly, since it may depend on the objectivity of the results of the scientific activity. Consequently, the proposed recommendations can be a good continuation for further study and improvement of such an uncommon legal institution as the methodology in the law.
Authors and Affiliations
Vladyslav Novitskyi
Keywords
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