On the Concept of “Function of Law” and Functionalism as a Methodological Basis for the Study of Civil Law

The article analyzes the functional approach, originally developed in sociology, to the study of law in general and civil law in particular, as one of the elements of social existence. The reader’s attention is drawn to the differences in the understanding of function in exact and social sciences. The author concludes that applying the functional approach to the study of civil law, on the one hand, allows for a move away from empirical knowledge of law, and on the other hand, makes it possible to elevate the study of civil law to a higher, general philosophical level of knowledge, built on dialectical principles. With such an approach, not only is the theoretical understanding of civil law and its constituent legal institutions strengthened, but the practical significance of studying civil law from a functionalist perspective is also not lost. Law, its individual branch, or institution, is thus studied not from the perspective of the question “Why?”, but from the perspective of the question “What for?”.