Правовое государство: теория и практика (Sep 2024)
METHODOLOGICAL-COGNITIVE COLLAPSE IN THE MODERN HISTORY OF STATE AND LAW
Abstract
In the modern history of state and law there is a situation that can be characterized as a methodological-cognitive collapse. The purpose of the study is to identify and characterize the main components of the methodologicalcognitive collapse in the modern history of state and law, and to find ways out of this situation. Methods: analytical and the method of scientific generalizations. Results: the methodologicalcognitive collapse in relation to the history of state and law is understood as a combination of the following components: methodological chaos of historical and legal studies; inattention to the historiography of the issues under study and to the questions, related to the source basis of research; a certain deformation of professional consciousness in the analysis of historical normative legal acts; the problem of the conceptual apparatus of historical and legal science; the lack of purposeful organized discussions on the current issues of the history of state and law. A number of measures are proposed to help the history of state and law to overcome the methodologicalcognitive collapse, including organized scientific discussions on topical problems of the history of state and law; introduction of the practice of publishing historiographical reviews on historical and legal topics; mandatory presence in dissertation research on historical and legal topics of a chapter (at least a paragraph) devoted to the description of the historiography of the problem and analysis of the sour ce basis of the r esearch.
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