THE TASK OF LEGAL SCIENCE AND HOW TO PERFORM IT
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
12.12.2016
Accepted:
16.12.2016
Published:
16.12.2016
Language:
Russian
Keywords:
legal science, tasks, legal scholars, methods of legal study (research), substance matter of study, legislation, acts of parliament, valid law, approach, analysis, independence.
Abstract (English):
In the presented article there is the author’s opinion of how the legal science should function and what its subject is. Also the attitude is explained towards the proper methods and ways of legal scientific researching activity in the article. The author supposes these two items to be the most and vitally important for gaining the objectiveness and fruitful results of such kind of the mental activity. The author also thinks that during the recent times the imaginations, including the scientific ones, of the social aim of the legal science and law have been broken and have become false. It means that the influence of law on the society and on the relationship among the individuals is not proper now and law does not perfect them. It also means that, due to the above said, the results of the scientific research of law are not always objective nowadays and they do not reflect the reality. As an example the author demonstrates the outcome of the Scandinavian countries legal systems functioning. These results are positive thanks to the fact that the mentioned legal systems are aimed at the social prosperity and at providing the high standards of living, because the Scandinavian law are traditionally tightly connected with social targets of the northern European countries inhabitants. The author persists on his viewpoint that the success of law — making process completely depends upon the participation of the majority of the inhabitants in it. It might be realized through organizing and holding the referendums, talks between the authorities and the inhabitants, through the activity of the civil society institutions. Then the author formulates his recommendations of how to deal with scientific research in law, how to carry out it and how to work out the positive results of it through using them by both the beginners and by the experienced professionals. He tries to avoid the legal scholars’ false and mistaken methods of scientific research. Basing his recommendations on his own positive scientific legal research experience, the author of the article describes, explains and underlines the concrete positive and proper ways of researching, leading to the fundamental discovers in law.
In the presented article there is the author’s opinion of how the legal science should function and what its subject is. Also the attitude is explained towards the proper methods and ways of legal scientific researching activity in the article. The author supposes these two items to be the most and vitally important for gaining the objectiveness and fruitful results of such kind of the mental activity. The author also thinks that during the recent times the imaginations, including the scientific ones, of the social aim of the legal science and law have been broken and have become false. It means that the influence of law on the society and on the relationship among the individuals is not proper now and law does not perfect them. It also means that, due to the above said, the results of the scientific research of law are not always objective nowadays and they do not reflect the reality. As an example the author demonstrates the outcome of the Scandinavian countries legal systems functioning. These results are positive thanks to the fact that the mentioned legal systems are aimed at the social prosperity and at providing the high standards of living, because the Scandinavian law are traditionally tightly connected with social targets of the northern European countries inhabitants. The author persists on his viewpoint that the success of law — making process completely depends upon the participation of the majority of the inhabitants in it. It might be realized through organizing and holding the referendums, talks between the authorities and the inhabitants, through the activity of the civil society institutions. Then the author formulates his recommendations of how to deal with scientific research in law, how to carry out it and how to work out the positive results of it through using them by both the beginners and by the experienced professionals. He tries to avoid the legal scholars’ false and mistaken methods of scientific research. Basing his recommendations on his own positive scientific legal research experience, the author of the article describes, explains and underlines the concrete positive and proper ways of researching, leading to the fundamental discovers in law.
Keywords:
legal science, tasks, legal scholars, methods of legal study (research), substance matter of study, legislation, acts of parliament, valid law, approach, analysis, independence.
legal science, tasks, legal scholars, methods of legal study (research), substance matter of study, legislation, acts of parliament, valid law, approach, analysis, independence.
