Comprehensive approach to perception of law in the context of doctrinal views

Abstract

The purpose of the study is a theoretical and legal analysis of the compressive approach to the perception of the law in the context of doctrinal views, its substantiation and comparison with the comprehend theory. The originality of the study lies in the substantiation of the theory of the comprehensive approach, which consists in a strictly objective, real, non-idealised, deideologised cognition of the law. New ideas related to the perception of law through an objective and comprehensive assessment and monitoring are proposed. The similarities and differences between the comprehensive approach and the comprehend theory are clarified. The approach is a kind of tool for the development of theory. As a result of the analysis of doctrinal views on the comprehensive approach to the perception of law and the generalisation of different positions, the definition of the studied concept is developed. Conclusions: the methodological value of the comprehensive approach as a kind of tool for the development of the theory lies in the objective, real, non-idealised, and deideologised cognition of the law. Therewith, it is inadmissible to recognise the prevalence of a certain concept or theory. The construction of law in the way of combining the integrated theory of law and the theory of natural and positive law is incomplete and incorrect. Since law is not limited to these two theories. Thus, this perception of law is one-sided and biased. Arguments are given regarding the practical value of the comprehensive approach in legal technique when the assessment of the law is conducted depending on the completeness of its implementation and in achieving legal certainty. The more objectively the law, the quality and effectiveness of its rules are assessed, the faster it is perceived (recognised). It is advisable to comprehend the law with the assessment of its negative features