Open AccessThe problem of novelty in legal science: to the question on methodological aspects of studying legal doctrines
Author(s) -
Vladimir Sergeevich Gorban
Publication year - 2020
Publication title -
pravo i politika
Language(s) - English
Resource type - Journals
ISSN - 2454-0706
DOI - 10.7256/2454-0706.2020.3.32425
Subject(s) - novelty , epistemology , interpretation (philosophy) , modernity , meaning (existential) , legal science , subject (documents) , value (mathematics) , sociology , legal realism , law , political science , legal research , philosophy , psychology , computer science , social psychology , linguistics , machine learning , library science
The subject of this research is the problem of interpretation of continuity and novelty in carrying out historical-philosophical and problematic-theoretical reconstructions of legal doctrines of the past and modernity. The absence of due knowledge on the origin, history of acquisition and application of theoretical ideas of the past often leads to significant modifications, distortions and loss of historical linkage within the legal picture of the world. The repetition of legal ideas and theoretical constructs of the past is natural, but firstly it can and should be viewed as a methodological prerequisite for searching of approaches and means to substantiate the interests to certain aspects of law, and secondly, for ensuring scientific value of modern research, it must be clarified not by the conventionality of scientific knowledge, but based on the reconstruction of origin, application and valid meaning and designation of ideas. The methodology leans on the comparative analysis of legal ideas of the past and modernity in synchronic and diachronic angle. The novelty of the conducted research consists in interpretation of the problem of novelty in legal science based on the requirement for preservation of continuity in terms of their historical-philosophical and problematic-theoretical reconstruction. At the same time, such requirement reveals in a number of specific reconstructions and examples of utilization of methodological approaches for their conduct.