Open AccessCrisis of methodology of modern legal research
Author(s) -
T.V. Mikhailina,
Yu.V. Gotsulyak
Publication year - 2021
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.65.4
Subject(s) - representativeness heuristic , management science , ukrainian , computer science , reliability (semiconductor) , legal research , point (geometry) , quality (philosophy) , affect (linguistics) , construct (python library) , political science , law , epistemology , sociology , psychology , mathematics , engineering , social psychology , linguistics , philosophy , power (physics) , physics , communication , programming language , geometry , quantum mechanics
The scientific article is devoted to rethinking approaches to the methodology of domestic fundamental and applied research in Law. Based on the conducted research, it is noted that it is necessary to distinguish between methodological principles (approaches) and the actual research methods, since the correct choice of methods and the correct algorithm of their application should affect the representativeness of the data obtained, as well as provide opportunities for their verification. However, methodological principles do not affect the reliability of the results obtained, but only emphasize the point of view from which they will be evaluated. Methodology can broadly include the methodological principles or approaches, since they determine the choice and combination of methods used, but they themselves cannot be called methods by their characteristics.It is stated that the classification of research methods of legal phenomena in the Ukrainian theory of law tends to become more and more complex, which, however, does not affect the quality of application of specific methodological tools.Based on the criterion of scientific knowledge branches within which the methodology of certain research methods is formed, as well as their application, it is proposed to limit ourselves to the classical three-level structure of the legal research methodology.It is concluded that there is a certain «conservation» of the legal research methodology in Ukraine, looping on general scientific methods, and the lack of an experimental component of legal research. This means that it is necessary to strengthen the block of special methods in legal research, taking into account the current global trend of interdisciplinary research. In Ukraine, the trend of interdisciplinary research is most often reduced to the analysis of the influence of certain phenomena and processes (social, natural, mechanical, etc.) on related spheres of life. However, such parallels are usually drawn by specialists of one science, so their conclusions are often limited to the approaches and tools of this particular field of knowledge. Moreover, researchers also have limited knowledge of the other industries methodology, which does not allow achieving representativeness due to defects in the methodological technique for using certain tools.