Наукові записки НаУКМА: Юридичні науки (Dec 2018)
Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
Abstract
The article analyzes the evolution of approaches to studying the interconnection of jurisprudence, science, and methodology. Thereby, the stages of development of views on science and its model (types) – classical, non-classical and post-classical (post-modern) and the corresponding types of rationality – are traced. The most significant methodological features and innovations of the post-classical science are distinguished, among which a special attention is drawn to the process of “humanization” of science and strengthening its ties with values. A special role is given to the transformation of the scientific criteria into a post-non-classical model of science. However, the article emphasizes that despite the convergence process of methods of natural, social, and humanitarian sciences, the differences in methodology between them are preserved. Taking into consideration the aforesaid, the causes of these differences are revealed. A significant role in the article is assigned to determination of the specifics of social cognition in general, and cognition in jurisprudence; in particular, it finds its display in the object of cognition, relations between the subject and the object of cognition, which, in turn, affect the features of scientific criteria in jurisprudence. These features are determined both by the differences of social and humanitarian sciences that include the jurisprudence and by the specifics of the law as an ontologically complex, multidimensional, and multilevel phenomenon which may be considered as a specific, different from science, form of capturing the reality. These features of law and, accordingly, of jurisprudence, are not commonly considered in the research papers of national authors on the methodology of jurisprudence, which impoverishes the methodology of jurisprudence and the methodology of law. Particularities of these aspects will be disclosed in the following article.
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