Article | Instrumental Understanding of Law in the Context of SubjectApproach: about the Problem of Interaction of Methodological Strategies |
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Authors |
Kalinin S.
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Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1-2 / 2014 |
Pages | 239 - 251 |
Annotation | The article conceptualizes the problem of interaction of methodologicallegal strategies at various levels, extends the idea of admissibility of the analysis of legalreality within the subject approach, based on the study of the real world through qualitiesof the subject (self-regulation, self-development, goal setting, reflection, being inunpredictably changing environment, etc.). The author extends and substantiates thehypothesis that the instrumental understanding of law is possible to be considered as apart of the subject approach, that is the logical development of jurisprudence. It isassumed that the constant expansion of the object of the instrumental approach to lawobjectively should include a study of the subject, who uses the law as a tool to achievehis own goals. The article also describes the main patterns of development of theinstrumental understanding of law in a Soviet (post-Soviet) and American science. |
Keywords | methodology of legal science, instrumental approach to law, theinstrumental theory of law, subject approach, analytical jurisprudence, pragmaticinstrumentalism, the mechanism of legal regulation, legal regulation. |
References | |
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