Open AccessMethodology of Russian Civil Jurisprudence in a Historical Context
Author(s) -
Egor Y. Usoltsev
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.127.6.011-020
Subject(s) - jurisprudence , empirical legal studies , context (archaeology) , legal history , process (computing) , legal science , object (grammar) , epistemology , legal realism , law , politics , work (physics) , civil law (civil law) , sociology , legal research , political science , engineering ethics , computer science , public law , engineering , artificial intelligence , history , mechanical engineering , philosophy , archaeology , operating system
Methodology of any science is designed to optimize the cognitive process, for which it has special tools that correspond to the specifics of the object under study. That is why the methods of different sciences, even the closest ones, differ. The methodology of civil law was formed due to the continuous work of many generations of legal scholars who managed not only to find suitable methods and means of comprehending legal reality for their own research, but also to firmly introduce them into scholarly and research life. The paper examines the features of the civil law methodology at different stages of its development, which is generally characterized by outside influence and unique tendencies, a change in fundamental guidelines and continuity, as well as a strong connection with socio-political phenomena. At present, both general scientific and special methods of cognition are widely used in civil law. The latter include formal legal, comparative legal, historical legal, intersectoral methods