Scholastic dialectic: historical roots of dogmatic method

This study presents the special aspects of modern dogmatic method as a means of cognizing and understanding legal science. It is considered that productiveness of dogma consists in attraction of dogma as an example for forming and practical interpretation of new legal rules. The modern dogmatic method is driven by scholastic reasoning which aims the lawyers to read the answers to all questions in current legislation, cite distinguished scientists, casuistry, search for hermeneutical senses and others. By using philological means, dogmatics operates with semantic categories regarding words ambiguity, semiotic concepts regarding symbolic and situational and contextual sense of text, adapt a discourse to its language terminology; hence, this method may be characterized as a contemplating, verbal and discourse type of perception. The introduction to dogmatics was caused by systemic failures of positive right, which are namely gaps in the law, challenges, errors and other defects of relations and forms of expressions of legal rules, institutions, branches and complexes. The dogmatic method, in common lawmaking, legal enforcement and interpretation, is used not in isolation but as a part of converged methodology of dialectically connected sociological, natural-legal, historical, psychological and other methods and means of processing legal materials. The dogmatics appeared due to medieval scholastic dialectic: logical syllogism method (deducting derivation of the investigation from the key points) as well as other methods, adopted mainly from roman legists - topics, classification, casuistic formal and logical approach. It seems that scholastic dialectics is crucial for common dogmatic method in the light of preservation of scholastic terms, development formal and legal logic as an intellectual tradition, maintaining the continuity of legal science with antic and medieval heritage.