Article title Problems of Methodology for Forming a Categorial and Conceptual Apparatus of the Legal Science
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 1/2014
Сторінки [50-60]
Annotation The problems of methodology for forming categorical and conceptual apparatus of the legal science are covered in the article. It is alleged that the logical and epistemological aspect of the formation of legal concepts and categories is the procedure for formalizing knowledge in public-legal phenomena consisting of abstracting (abstraction)away from minor atypical features and properties of these phenomena and establishing on this basis their common and most essential features inherent to the class (species, type) of the phenomena that they are different from others. General and versatile method of forming legal concepts is the dialectical method, which includes also stages of ascent from the abstract to the concrete, and more – from concrete to abstract. Moreover, the ascent from the abstract to the concrete by using mainly the procedure of abstraction — the idea of taking into account the achievements of legal science and practice formed a new, previously unknown concepts and categories. With the ascent from the concrete to the abstract based on the abstraction procedure the categories and concepts reflecting common and essential features of a particular class (type) phenomena or facts, characterized by a constant (algorithm) and the constant recurrence are emerging. The author emphasized the importance of the impact of the «specific phenomenon» that allows creating concepts and categories with distinct substantive content and designing rules of optimum level of generalization while avoiding their excessive detailing (casuistry). The positions whereby both concepts and categories, very broad concept of generalization, are inherent to categorical and conceptual apparatus of the legal science are advocated. The latter a peculiar to both general theoretic and sectoral legal sciences, and thus perform important functions to deepen and systematize knowledge in all areas of law. Concepts and categories are proposed to be subdivided into doctrinal (belonging to legal science) and legal (regulatory-legal) that are consolidated in law and was a «connecting bridge» between legal doctrine and legislation.
Keywords categorical and conceptual apparatus; categories of law; concept of law; abstraction; abstract idealization; abstraction identification; doctrinal, legal categories and concepts of law.