Роль исторического подхода в юридическом познании в контексте современной философии и методологии науки

The paper deals with the issues relating to the specific, meaning and functions of the principles and methods of historical research in scientific legal cognition. The authors pay special attention to the consideration of main features of the historical approach in legal research. There are main principles and methods, which are used in the scientific historical and legal cognition (history of domestic state and law, history of state and law of foreign countries and others researches): principle of integrity, principle of individuality, principle of objectiveness, principle of historicism, principle of determinism; historical method, chronological and problem-chronological methods, historical genetic method, comparative method and others. The authors link the application of the historical approach in the study of the state and law with the search of the foundations of cognition and human being, the study of the principles and methods of cognition in modern philosophy and methodology of science in general, in the structure of the foundations of scientific rationality, as well as with an interdisciplinary approach in scientific and philosophical cognition and with ideas of cultural-historical epistemology. The authors make a conclusion that the use of the historical approach in legal knowledge makes it possible to provide an understanding of the development of the state and law, their institutions as unified regular processes in cognitive and cultural aspects.