THE CHOICE OF AN OBJECT OF STUDY IN THE THEORY OF LAW

The relevance of the problem of choosing the object of study in the theory of law is determined by the need to tackle the debatable issue of pluralism in understanding of law. It is noted that one of the reasons for theoretical and legal pluralism on the concept of law is the lack of uniform criteria for identifying the object of study in the general theory of law. The situation with the concept of law in legal science, including with the pluralism of opinions, is considered largely as a result of the scientists and practitioners attitude described as first understand the law and then create a single concept of law. The fundamental research carried out in legal science and wide discussions on the concept of law are taken as positive; one of the parameters is the principle of separation of the object and subject of legal science. It is shown that when constructing a scientific theory of law, the primary question is the object of study, that is, the question of law itself as a special fragment of the real world, but not a disputable issue of the concept of law. However, in practice, when identifying the object of scientific knowledge in the general theory of law, scholars choose to study the most diverse fragments of the world, although they designate them with the same term law. Since various objects called law are subjected to scientific research, one cannot expect to derive a single concept of law. With regard to the analysis of the concept of law and the data of modern science, the following set of attributes for identifying law as an object of study in law theory is proposed for consideration: Law is a set of social norms enshrined in written language by the state and designed for people to interact with each other and with public authority such as state and other entities.

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Jurisprudence in the Era of Change: Subject and Structure of the Discipline

Lex Russica ◽

10.17803/1729-5920.2020.158.1.088-117 ◽

2020 ◽

Vol 1 (1) ◽

pp. 88-117

Author(s):

Yu. A. Vedeneev

Keyword(s):

General System ◽

Political Sciences ◽

Legal Science ◽

History Of ◽

The Law ◽

The Concept Of Law ◽

Theory Of Law ◽

Concept Representations ◽

Canonical Texts ◽

Concept Of Law

The law exists in the form of institutions and in the form of representations of institutions, since the representation of something (phenomenon) has a conceptual dimension in the representation of something (concept). Representations of law and representations of law are two aspects of the expression and manifestation of the general legal reality. This, in fact, leads to a fundamental dilemma in determining the subject of legal science. This is the science of law or the science of legal science. Given that the concept of law is a theory of law developed into a system of definitions, the practical language of law finds itself in the theoretical language of jurisprudence, and vice versa. The languages in which the law operates, and the languages in which the phenomenon of law is interpreted, constitute the general object and subject of jurisprudence.Jurisprudence is a conceptual part of legal reality, both an object and a subject of legal science. The evolution of jurisprudence in the cultural-historical logic of changes in its subject and methods is the basis for changes in its disciplinary structure and connections in the general system of social and political sciences. Each cultural and historical epoch of the existence of law corresponds to its own grammar of law and its own epistemology of law, that is, its own analytical language and disciplinary format of legal knowledge. The law exists in the definitions of its concept. The concept of law has both an ontological and epistemological status. One thinks of law because it exists, and one understands the law because it is defined. Each tradition of understanding the law can be conceptually seen in the phenomenon of law that other traditions of legal understanding do not see or do not notice. The history of the development of the concept of law (conceptualization of law) contains the history of the development of legal institutions (institutionalization of law). Both components of legal reality — objective and subjective grounds and conditions for the emergence and development of the phenomenon of law live in the framework definitions of their social culture, its language and discourse. That is, they live in historical forms of awareness and understanding of one’s own law — from the law indicated in rituals, myths, signs and symbols, to the law indicated in canonical texts, doctrines and concepts; from the law of disciplinary society to the law of network communities; from the law of political domination and bureaucratic management to the law of civil communications and network agreements.

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The Concept of Law

The Cambridge Law Journal ◽

10.1017/s0008197300004402 ◽

1950 ◽

Vol 10 (3) ◽

pp. 423-431

Author(s):

B. E. King

Keyword(s):

Social Sciences ◽

Legal Theory ◽

Legal Science ◽

The Social ◽

Points Of View ◽

The Concept Of Law ◽

Theory Of Law ◽

Final Work ◽

Concept Of Law

Twenty years ago Mr. Cairns set himself the task of looking at law from three points of view, that of the social sciences, that of logic and the empirical sciences, and that of philosophy. Law and the Social Sciences was published in 1935, the Theory of Legal Science in 1941. The volume under review completes the trilogy. The object of all these volumes is the same—‘To construct the foundation of a theory of law which is the necessary antecedeat of a possible jurisprudence’. All those who have come under the spell of Mr. Cairns' stimulating thought will look forward with the greatest interest to the application and expansion of his conclusions which is now promised us in a projected final work, The Elements of Legal Theory.

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METHODOLOGICAL FOUNDATIONS OF THE CONCEPT OF GENERAL THEORY OF LAW J.-L. BERGEL

Vestnik Samarskogo iuridicheskogo instituta ◽

10.37523/sui.2021.42.1.002 ◽

2021 ◽

pp. 14-23

Author(s):

Вадим Леонидович Афанасьевский

Keyword(s):

General Theory ◽

Scientific Knowledge ◽

Legal Discourse ◽

Scientific Methodology ◽

Existential Philosophy ◽

Objective Reality ◽

Methodological Basis ◽

The World ◽

The Subject ◽

Theory Of Law

Предметом статьи является экспликация методологического базиса разработанной французским правоведом Жаном-Луи Бержелем концепции общей теории права. Автор фиксирует, что методология этой конструкции отличается принципиальной спецификой от классического рационализма научного знания. Бержель для разработки проблем теории права использовал импрессионистский метод, принципиально выходящий за рамки научной методологии. Это приводит к тому, что читатель превращается в соавтора, выстраивая свое представление о предмете теории права. Причем фантазия автора и читателя ничем не ограничена, ибо она уходит от исторических трансформаций развития правовой реальности и традиций теоретического правового дискурса. В статье показано, что предложенная методология привела Бержеля к размытости и непроясненности понятийного аппарата и «терминологическому анархизму». Представив свой анализ его концепции общей теории права, автор статьи приходит к выводу, что основанием методологии Бержеля являются характерные для французской социогуманитарной мысли принципы экзистенциальной философии и постмодернистских штудий. Именно в этом коренится отсутствие целостности в теоретических построениях, наличие эклектизма и туманности употребляемых терминов и понятий. В эту парадигму прекрасно укладывается импрессионистский метод, используемый французским правоведом. Если читатель сам определяет понимание читаемого текста, то смысл уже не определяется объективной реальностью. Он выступает проблемой изолированного индивида, находящегося в произвольно выстроенном им фрагментированном мире, в том числе и мире права The subject of the article is the explication of the methodological basis of the concept of the general theory of law developed by the French jurist Jean-Louis Bergel. The author notes that the methodology of this construction differs in fundamental specificity from the classical rationalism of scientific knowledge. Bergel used the impressionist method to develop problems in the theory of law, which fundamentally went beyond the framework of scientific methodology. This leads to the fact that the reader turns into a co-author, building his own idea of the subject of the theory of law. Moreover, the imagination of the author and the reader is not limited by anything, for it moves away from the historical transformations of the development of legal reality and the traditions of theoretical legal discourse. The article shows that the proposed methodology led Bergel to a vague and unclear conceptual apparatus and «terminological anarchism». Having presented his analysis of his concept of the general theory of law, the author of the article comes to the conclusion that the basis of Bergel's methodology is the principles of existential philosophy and postmodern studies that are characteristic of French socio-humanitarian thought. This is the root of the lack of integrity in theoretical constructions, the presence of eclecticism and the vagueness of the terms and concepts used. The impressionistic method used by the French jurist fits perfectly into this paradigm. If the reader himself determines the understanding of the text being read, then the meaning is no longer determined by objective reality. It acts as a problem of an isolated individual who is in a fragmented world arbitrarily built by him, including the world of law

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What is Offered to the Modern Science by Leon Petrażycki? (Following Three Descriptions of Legal Principles)

Studia Humana ◽

10.2478/sh-2018-0013 ◽

2018 ◽

Vol 7 (3) ◽

pp. 5-10

Author(s):

Sławomir Tkacz

Keyword(s):

Legal Theory ◽

Modern Science ◽

Theoretical Knowledge ◽

Legal Principles ◽

Current State ◽

The Concept Of Law ◽

Concept Of Law

Abstract The aim of this paper is to outline the general oversight of the concept of law in Leon Petrażycki’s legal theory. On the example of the principles of law, an attempt was made to answer the question, what Petrażycki’s theory proposes to modern science. In the first part of the presentation, the Author presented the current state of theoretical knowledge in the field of principles of law. The attention was paid to the problem of various characteristics of legal principles. In further considerations, an attempt was made to answer the question about adoption of models proposed by Petrażycki in the contemporary theoretical discourse. The summary presents general conclusions of the paper.

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On Two Functions of Notions in Scientific Knowledge of Law

Journal of Russian Law ◽

10.12737/5497 ◽

2014 ◽

Vol 2 (9) ◽

pp. 18-25

Author(s):

Ерзат Бекбаев ◽

Erzat Bekbaev

Keyword(s):

Scientific Knowledge ◽

The Other ◽

Logical Function ◽

Complete Knowledge ◽

Science Theory ◽

The Law ◽

The Concept Of Law ◽

Theory Of Law ◽

Amount Of Knowledge ◽

Concept Of Law

The function of the concept of law in scientific knowledge is shown as an exact idea about the signs of law distinguishing it from the other objects. Another logical function of concept of law is in the ability to reflect in thoughts more or less complete result, the amount of knowledge about the law. It is argued that the essence of law can be known, provided the pre-obtained full and complete knowledge of the law as a special subject of scientific knowledge. The possibility of using logical principles of the construction of scientific theories in the science theory of law.

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The interrelation dynamics of Fundamental Science and Society (on an example of nanotechnology)

Bulletin of Siberian Medicine ◽

10.20538/1682-0363-2006-5-82-87 ◽

2006 ◽

Vol 5 (5) ◽

pp. 82-87

Author(s):

Ye. A. Zhoukova

Keyword(s):

Quantum Mechanics ◽

Modern Science ◽

Environmental Problems ◽

Scientific Activity ◽

Science And Society ◽

World Picture ◽

The World ◽

Fundamental Research ◽

To Receive ◽

High Technologies

This article represents the results of the research granted by RFFS № 04-06-80192. The high technologies foundation is based on fundamental research. Inclusion of bioethical and environmental problems in a context of scientific activity becomes the specifics of a modern science. Nanotechnology fundamental researches lead to a change of the world picture, which bases now on the laws of quantum mechanics. Creating nanotechnology, a person enters competition with the nature as aspires to receive the control over mi- croscopic processes and structures, although himself can become a slave of nanotechnology.

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Status of the Modern General Theory of the State and Law in the System of the Legal Sciences

Budapest International Research and Critics Institute (BIRCI-Journal) Humanities and Social Sciences ◽

10.33258/birci.v3i2.885 ◽

2020 ◽

Vol 3 (2) ◽

pp. 738-746

Author(s):

Vladimir Valentinovich Kozhevnikov

Keyword(s):

General Theory ◽

Modern Science ◽

The State ◽

Scientific Article ◽

Modern Theory ◽

High Status ◽

Legal Science ◽

Official Ideology ◽

The Status ◽

The Law

This scientific article deals with the problem of the hierarchy of the modern legal sciences. The main purpose of the work is to justify the principle that modern general theory of the state retains the status of the fundamental, methodological legal science. There are following tasks of the achieving of the purpose in the article: 1) to analyse the positions of the legal scientists who doubt on the high status of the general theory of the state and the law; 2) to characterize Marxist-Leninist general theory of state and law, which had class, party character; 3) to justify the position that certain provisions of Marxism-Leninism have not lost relevance yet; 4) to display the similarity of Marxist-Leninist general theory of the state and law and modern theory of state and law in terms of methodological foundations. Result. Not agreeing that the theory of the state and law has the function of the serving of the official ideology currently, there is a suggestion in the article that the general theory of the state and law at all stages of the development of the society, not excluding the modern science, is the fundamental, methodological science in the system of other legal sciences, despite the attacks at both theoretical and practical levels.

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Promising developments of domestic legal science on legal awareness

Alʹmanah prava ◽

10.33663/2524-017x-2020-11-20 ◽

2020 ◽

Vol 11 (11) ◽

pp. 111-117

Author(s):

Kovalchuk О. M.

Keyword(s):

Modern Science ◽

Legal Consciousness ◽

Integrative Approach ◽

Consciousness Development ◽

Stage Of Development ◽

Legal Science ◽

Universal Values ◽

Theory Of Law ◽

Definition Of ◽

The Right

This article focuses on the problem of legal consciousness, which is one of the most difficult in the theory of law and whose origins come from antiquity. Based on historical, economic, political, cultural and religious factors, at each stage of development, thinkers tried to give their understanding and definition of law. Each of the concepts and theories had certain positive aspects and disadvantage, revealing one or another side of such a multifaceted phenomenon as law. Modern scientists, applying new methodological techniques and the latest achievements of the humanities and natural sciences, the needs of society, continue to identify new aspects of law in order to better understand it and effectively regulate relations between people. The urgency of the outlined issue is enhanced by the active reforms in Ukraine, which requires the research of future trends in legal consciousness. Analysis of modern scientific trends in the legal consciousness indicates a gradual departure from the positivist types of legal consciousness and orientation to human as the highest social value. Ukrainian researchers pay attention to the continuity of the right to life, with the objective needs of people and their harmonious development. Therefore, modern legal consciousness presupposes compliance of legally established normative legal acts with natural law. Pluralism of scientific theories of legal consciousness makes possible to explore the essential features of law that are necessary for the establishment of universal values, to raise to a qualitatively new level the legal content of human rights and freedoms, to develop and implement a real mechanism for their protection. Modern science of law has to provide a gradual combination of positive features of all theories of legal consciousness, which will include the consideration of law as an integral, but multifaceted social phenomenon. It is pointed out that the integrative approach is not final in solving the problem of legal consciousness. Trends and prospects of modern jurisprudence in the field of legal consciousness are to identify the most rational and logical theories to determine the essence of law, which will contribute to a more complete and comprehensive research of such a multifaceted and complex phenomenon as law, which will constantly require rethinking. Keywords: legal consciousness, interpretation of legal consciousness, development of national legal science, positivist approach to legal consciousness, integrative approach to legal consciousness.

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Patterson D. M. Dworkin on the Semantics of Legal and Political Concepts / trans. from Engl. A. B. Didikin, S. A. Aleksandrov

Omsk Scientific Bulletin Series Society History Modernity ◽

10.25206/2542-0488-2021-6-2-83-93 ◽

2021 ◽

Vol 6 (2) ◽

pp. 83-93

Author(s):

A. B. Didikin ◽

◽

S. A. Aleksandrov ◽

Keyword(s):

Natural Kind ◽

Scientific Method ◽

Natural Kinds ◽

Semantic Theory ◽

Ronald Dworkin ◽

Komu służy prawo? Libertariańska koncepcja Alberta Jaya Nocka

Studia Iuridica Lublinensia ◽

10.17951/sil.2021.30.4.225-239 ◽

2021 ◽

Vol 30 (4) ◽

pp. 225

Author(s):

Olgierd Górecki

Keyword(s):

Natural Law ◽

First Generation ◽

The State ◽

Positive Law ◽

The Government ◽

The Concept Of Law ◽

Object Of Study ◽

The Individual ◽

The Relationship ◽

Concept Of Law

<p>Albert Jay Nock (1870–1945) was a prominent opinion journalist of the first half of the 20<sup>th</sup> century, considered a representative of the first generation of libertarianism. The article is aimed at finding an answer to the question: Whom – according to Nock – does law serve? A key element of the problem is the internal dichotomy of the concept of law, which not only can be seen through the prism of the positivist-legal paradigm, but also constitutes the pillar of the jusnaturalistic concept. To properly arrange the object of study, the thesis was used according to which in Nock’s doctrine the existence of radically different assessment of the nature of man and his individual goals from the nature of the functioning of the State allows us to demonstrate the dichotomy of two opposing legal orders that serve the welfare of different entities (the individual and the State). To systematize the argument, the concept of the individual and his relations with the State was first presented, and then the dichotomy of the government and the State was discussed, which ultimately finally allowed to analyze the relationship between natural law and positive law.</p>

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