| Article | The Specifics of Research Methodology of Judicial Lawmaking as a Phenomenon of Legal Reality |
|---|---|
| Authors |
Martynenko O.
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| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 3 / 2014 |
| Pages | 224 - 231 |
| Annotation | The article reviews the methodological features of the judicial lawmaking research through the legal pragmatism concept. The guiding principles for the researching problems of the judicial lawmaking are identified. Special attention is paid to the pragmatic determinants which accompany the research of judicial lawmaking. Recommendations for avoiding methodological errors related to the judicial lawmaking research are given. The author noted the necessity of the non-dogmatic and non-positivistic methodology; the balance of the empirical and theoretical methods; the emphasis within the scope of practice; the active reference to the texts of court decisions and ratio decidendi searching; the investigation of the phenomenon inseparably from social, economic, political, historical and other conditions upon scientific cognition of the judicial lawmaking. |
| Keywords | legal research methodology, justice, judicial lawmaking, judicial precedent, legal pragmatism. |
| References | |
| Electronic version | Download |