The problems of modern methodology of cognizing private law phenomena

Автор: Tolstova Olga S., Pasharina Ekaterina S.

Журнал: Legal Concept @legal-concept

Рубрика: Вопросы частноправового регулирования: история и современность

Статья в выпуске: 1 т.18, 2019 года.

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Introduction: the methodology of cognizing legal phenomena is a set of methods, techniques by which the process of acquiring new knowledge about the lawtakes place. This understanding comes from the definition of methodology relevant to any scientific knowledge. In modern society, science is part of the spiritual culture of mankind. In this regard, the issues related to the methodology of science have a long history. The authors of the paper set the goal to theoretically substantiate the problems of modern methodology of cognizing private law phenomena. Methods: the methodological framework for the study consists of the methods of historicism, consistency, comparative law. Results: the author’s point of view justified in the work is based on the knowledge of legal science, philosophy, and sociology. The question of methodological pluralism in the system of cognizing private law phenomena is raised. Conclusions: the study revealed the feature of private law research, consisting in their interdisciplinary nature. The complexity of modern social processes leads to the fact that law in its cognitive process must be based on the methodological knowledge of the following sciences, such as philosophy, history, sociology and many others. Using the integrated interdisciplinary approach in the framework of the methodology of cognizing legal phenomena, it is possible to solve the tasks of modern society.

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Methodology, methodologyof cognition, reflection, the cognizing of law, legal sphere of cognition

Короткий адрес: https://sciup.org/149130237

IDR: 149130237   |   DOI: 10.15688/lc.jvolsu.2019.1.16

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