| Article title |
Methodology of Legal Scholarship and Methodology of Law: Correlation Between Concepts and their Features
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| Authors |
Kozyubra M.
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| Name of magazine |
Legal journal «Law of Ukraine» (Ukrainian version)
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| Issue |
1/2014
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Сторінки
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[22-32]
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| Annotation |
The article basing on the generalization of the approaches existing inliterature (i. e. Western), makes an attempt to reconsider ideas on the methodology of legalscience and its comparison to the methodology of law popular in post-Soviet (as well asnational) legal science.The article provides grounds for the idea concerning the fact that the methodology of lawshould neither be identified with methodology of scientific cognition, nor with methodologyof cognition in general. Scientific cognition, even though being of value for the law, does notexhaust all of its essence and does not define its specifics, being the specific form of socialreality development. Law has its own instruments («devices») of outlook, different fromscience. They are the elements of legal values being formed throughout many centuries inhistory. The combination of the results of cognition and values is one of the characteristics oflaw.This in its turn determines the specifics of the methodology of law, while methods ofcognition and modes or ways of art are combined in it. The latter occur most significantly inenforcement of law as a stage of legal actualization. Considering that, the article analyzes thespecifics of legal interpretation methodology, in particular the relevance of the category ofunderstanding to it, its influence on judicial examination of rational and irrational factors, inparticular the influence of the factor of audience etc. |
| Keywords |
methodology of legal scholarship, methodology of law, outlook forms, law asoutlook form, methods of science and art in law, cognition, understanding, rational, irrational. |
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References
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