
Methodological foundations of a multidimensional approach to the understanding of law and its importance for legal practice
Author(s) -
В.Ю. Попов
Publication year - 2019
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2019.148.3.009-023
Subject(s) - empirical legal studies , epistemology , law , practice of law , legal practice , philosophy of law , legal realism , legal profession , legal research , sociology , political science , comparative law , philosophy
The article is devoted to the methodological approaches underlying recognition of law as a multidimensional phenomenon rather than to the problems of legal understanding. Methodological grounds of the multidimensional nature of law include the nature of the concept itself that is inseparable from the theory of systems, the general theory of normativity, subjective, objective and intersubjective nature of law, the theory of indifferent methodological series, as well as the needs of legal practice. The list of grounds for recognition of superiority of the multidimensional approach to understanding of law is not limited to the above mentioned methodological approaches. The multidimensional approach to the understanding of law is takes the form of various legal concepts constituting an integral organic system interacting with legal practice, making a systemic impact on it with the purpose to transform it and to meet moral and material needs of the society, state and individual. The multidimensional approach to understanding law does not represent a fragmented legal concept. This approach appears as an integral organically interconnected system of concepts that are not in a state of confrontation with each other, but, on the contrary, use the entire accumulated arsenal of legal patterns to transform law-making and law-enforcement processes. The most generalized experience of conceptual expression of law can be represented as monistic, pluralistic and multiaspectual approaches to the understanding of law. An integral or integrative concept of legal understanding is derived from the multiaspectual approach, because, in order to carry out the integration operation, it is necessary to determine some elements of the multiplicity.