Open AccessLaw and order research paradigms
Author(s) -
Е.В. Свинин,
AUTHOR_ID,
I. V. BERESTYUK,
AUTHOR_ID
Publication year - 2021
Publication title -
ius publicum et privatum
Language(s) - English
Resource type - Journals
ISSN - 2713-2811
DOI - 10.46741/2713-2811-2021-2-41-44
Subject(s) - phenomenon , relation (database) , epistemology , order (exchange) , legal science , determinism , philosophy of law , law , sociology , political science , comparative law , computer science , philosophy , finance , database , economics
Paradigms play an important role in the activities of the scientific community, contributing to the acquisition of new knowledge, they create conditions for the integration of scientists into a single group of like-minded people. At the same time their content and significance in relation to specific legal phenomena have not been sufficiently studied. The article attempts to scientifically comprehend legal paradigms regarding the phenomenon of "law and order", which is well known to legal science. According to the authors the paradigm of the study of law and order is of a formal legal nature, the basis of which is formed by the idea of a purely legal nature of the phenomenon, in combination with a specific linear determinism, which leaves an imprint on the perception of the model of the relationship between law and order as a cause and consequence. The authors express a number of critical judgments in relation to the formal legal paradigm, note the signs of the formation in the scientific community of a new binary paradigm in the study of the law and order.