DOI: 10.17072/1995-4190-2015-3-100-106

THE VALUE OF THE DOCTRINE OF LEGAL METHODOLOGY
WHEN JUSTIFYING EXCLUSIVENESS OF METHODOLOGY
OF CIVIL LAW SCIENCE

G.V. Kolodub

Saratov state law Academy

1, Volskaya str., Saratov, 410056

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Introduction: the article is devoted to the problem of correlation between the methodological concept of theory of state and law and that of civil law, which has not been solved until today. Formation of logical justification for the issue under consideration at the confluence of the sciences seems to be an integral part of research in the field of methodology of civil law science, which is of great current interest. Purpose: the author analyses the objective and subjective factors having led to the surrogate (negative) idea of the methodological doctrine in the sphere of civil law, which is represented as a dependent, technical appendage not only of philosophical science, but also of general theory of state and law. Methods: empirical methods of comparison, measurement, description, interpretation, theoretical methods of formal and dialectical logic, historical legal and comparative legal methods are used. Results: the author believes that in the field of civil law science it is necessary to arrange not only the process of sorting out methodological components, but also, which is the most important, the process of adaptation and modification of particular methods while investigating the issues that are the subject of civil law science themselves. Conclusions: according to the author, civil law methodology is undoubtedly exclusive. However, it is connected not with justification of independent scientific research methods but with scientific activity. The latter can allow for creating a mechanism of legal methodology application in science of civil law, which has to have the status of a legal methodology element.

 

 

Keywords: methodology as a doctrine; legal methodology; civil law methodology; methodological levels;
systemic nature of the methodological doctrine; mechanism of application of methodology

References

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