从法学思维创新看法学方法论

Taras Z. Garasymiv, N. Pavliv-Samoyil, Andrii Hodiak
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摘要

主题的相关性在于,普遍接受的法律研究方法效率低下,法律科学框架和法律活动主体的法律思维在发展过程中由于陈旧和不符合现代趋势而缺乏修正和转化。本文不局限于经典的认知方法,还涉及法律的基本概念、理论和法学的知名方法。本文的主要目的是通过法律思维的创新、方法论方法的应用,包括通过对乌克兰和欧洲经济区国家的比较分析,对法律学科的研究方法进行深入分析,来指定法学的现代方法论。为达到这一目的,在科学论文中运用了以下几种特殊的法律分析方法:分析法、综合法、概括法、解释法、历史法、比较法和结构-功能法。作为这项研究的结果,将明确概述现有的方法方法,以及那些由于法律思维创新而出现的方法方法,这些方法方法能够涵盖作为一种社会现象的法律知识的特点。此外,以不同国家为例,确定了现代法律制度研究的理论和方法方面的紧迫问题。对法学方法论的科学分析的成功之一在于提出了进行复杂法律研究的方法,这些方法由社会关系的现代性、相关性和顺应信息和技术发展的特征所描述。此外,关于乌克兰和外国的法律方法论的来源是系统化的。对法律方法论观点演变的主要趋势和性质的历史洞察将是比较分析的主题,以便确定新的法律认识方法。关于这一主题的建议是在进一步研究法学方法论问题和创造克服这些问题的方法的前景中提出的。此外,研究材料可用于编写培训材料、教具以及法律学科各个领域的学习过程。
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Legal Science Methodology through the Lens of Legal Thinking Innovations
The relevance of the subject matter lies in the low efficiency of generally accepted methods of legal research, the lack of modification and transformation from due to obsolescence and inconsistency with modern tendencies in the development of the legal scientific framework and legal thinking of subjects of such activities. This paper is not limited to the classical methods of cognition, it also touches on the topics of basic legal concepts, theories, and well-known approaches in legal science. The main purpose of this paper is to designate the modern methodology of legal science through the lens of innovations in legal thinking, methods of applying methodological approaches, including an in-depth analysis of research methods in legal disciplines with the use of a comparative analysis of Ukraine and countries of the European economic zone. To achieve this purpose, the following special methods of legal analysis were applied in the scientific paper: analysis, synthesis, generalization, hermeneutic method, historical method, comparative and structural-functional methods. As a result of the study, the already existing methodological approaches will be expressly outlined, as well as those that emerged due to innovations in legal thinking and are capable of covering the features of knowledge of law as a social phenomenon. Furthermore, urgent problems of theoretical and methodological aspects of the study of modern legal systems were identified on the example of different states. One of the successes of the scientific analysis of the methodology of legal science lies in the proposal of methods for conducting complex legal research, described by the features of modernity, relevance, and compliance with the information and technological development of social relations. In addition, the sources regarding the methodology of law in Ukraine and foreign countries are systematized. A historical insight into the becoming of the main tendencies and qualities of the evolution of views on the methodology of law will be the subject of comparative analysis in order to identify new methods of legal cognition. Recommendations regarding the subject matter are expressed in the prospects for further research on the problems of the methodology of legal science and the creation of ways to overcome them. Furthermore, research materials can be used in the preparation of training materials, teaching aids, as well as in the learning process in various areas of legal disciplines.
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