Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections

The article analyzes the evolution of approaches to studying the interconnection of jurisprudence, science, and methodology. Thereby, the stages of development of views on science and its model (types) – classical, non-classical and post-classical (post-modern) and the corresponding types of rationa...

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Main Author: Mykola Koziubra
Format: Article
Language:English
Published: National University of Kyiv-Mohyla Academy 2018-12-01
Series:Наукові записки НаУКМА: Юридичні науки
Subjects:
Online Access:http://nrplaw.ukma.edu.ua/article/view/153069
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author Mykola Koziubra
author_facet Mykola Koziubra
author_sort Mykola Koziubra
collection DOAJ
description The article analyzes the evolution of approaches to studying the interconnection of jurisprudence, science, and methodology. Thereby, the stages of development of views on science and its model (types) – classical, non-classical and post-classical (post-modern) and the corresponding types of rationality – are traced. The most significant methodological features and innovations of the post-classical science are distinguished, among which a special attention is drawn to the process of “humanization” of science and strengthening its ties with values. A special role is given to the transformation of the scientific criteria into a post-non-classical model of science. However, the article emphasizes that despite the convergence process of methods of natural, social, and humanitarian sciences, the differences in methodology between them are preserved. Taking into consideration the aforesaid, the causes of these differences are revealed. A significant role in the article is assigned to determination of the specifics of social cognition in general, and cognition in jurisprudence; in particular, it finds its display in the object of cognition, relations between the subject and the object of cognition, which, in turn, affect the features of scientific criteria in jurisprudence. These features are determined both by the differences of social and humanitarian sciences that include the jurisprudence and by the specifics of the law as an ontologically complex, multidimensional, and multilevel phenomenon which may be considered as a specific, different from science, form of capturing the reality. These features of law and, accordingly, of jurisprudence, are not commonly considered in the research papers of national authors on the methodology of jurisprudence, which impoverishes the methodology of jurisprudence and the methodology of law. Particularities of these aspects will be disclosed in the following article.
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spelling doaj.art-736bbb6a6e914ddf9b4fc7e0988423622022-12-21T20:21:12ZengNational University of Kyiv-Mohyla AcademyНаукові записки НаУКМА: Юридичні науки2617-26072018-12-01138https://doi.org/10.18523/2617-2607.2018.3-8Jurisprudence, Science, Methodology: Evolution of Approaches to their InterconnectionsMykola Koziubra0National University of Kyiv-Mohyla AcademyThe article analyzes the evolution of approaches to studying the interconnection of jurisprudence, science, and methodology. Thereby, the stages of development of views on science and its model (types) – classical, non-classical and post-classical (post-modern) and the corresponding types of rationality – are traced. The most significant methodological features and innovations of the post-classical science are distinguished, among which a special attention is drawn to the process of “humanization” of science and strengthening its ties with values. A special role is given to the transformation of the scientific criteria into a post-non-classical model of science. However, the article emphasizes that despite the convergence process of methods of natural, social, and humanitarian sciences, the differences in methodology between them are preserved. Taking into consideration the aforesaid, the causes of these differences are revealed. A significant role in the article is assigned to determination of the specifics of social cognition in general, and cognition in jurisprudence; in particular, it finds its display in the object of cognition, relations between the subject and the object of cognition, which, in turn, affect the features of scientific criteria in jurisprudence. These features are determined both by the differences of social and humanitarian sciences that include the jurisprudence and by the specifics of the law as an ontologically complex, multidimensional, and multilevel phenomenon which may be considered as a specific, different from science, form of capturing the reality. These features of law and, accordingly, of jurisprudence, are not commonly considered in the research papers of national authors on the methodology of jurisprudence, which impoverishes the methodology of jurisprudence and the methodology of law. Particularities of these aspects will be disclosed in the following article.http://nrplaw.ukma.edu.ua/article/view/153069models (types) of sciencesclassical sciencenon-classical sciencepostnonclassical sciencescientific methodnonscientific means of world perceptioncriteria of scientificityparticular qualities of methodology of jurisprudencemethodology of law
spellingShingle Mykola Koziubra
Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
Наукові записки НаУКМА: Юридичні науки
models (types) of sciences
classical science
non-classical science
postnonclassical science
scientific method
nonscientific means of world perception
criteria of scientificity
particular qualities of methodology of jurisprudence
methodology of law
title Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
title_full Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
title_fullStr Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
title_full_unstemmed Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
title_short Jurisprudence, Science, Methodology: Evolution of Approaches to their Interconnections
title_sort jurisprudence science methodology evolution of approaches to their interconnections
topic models (types) of sciences
classical science
non-classical science
postnonclassical science
scientific method
nonscientific means of world perception
criteria of scientificity
particular qualities of methodology of jurisprudence
methodology of law
url http://nrplaw.ukma.edu.ua/article/view/153069
work_keys_str_mv AT mykolakoziubra jurisprudencesciencemethodologyevolutionofapproachestotheirinterconnections