PARAMETERS OF THE METHODOLOGY OF JURISPRUDENCE IN THEIR FUNCTIONAL VALUE (on the Example of Civil Law)

Abstract

Introduction: the methodology of scientific knowledge plays a dominant role in the system of science as a whole, regardless of the subject and branch of scientific knowledge. The geography of methodological knowledge is gradually expanding, the branch of law is becoming more and more receptive to it. The reason is known, it is in the chronic presence both in the theory of law and in certain branches of law of thematic discourses about methodology, focused on the thematization of its subject qualities. Not without this, lawyers are gradually forming their own methodological “philosophy”, whose semantic differences from the actual philosophical methodology ensure the availability of its tools for lawyers. A natural consequence of the relevance of research interest in methodological values in the future should be to improve the theoretical quality of legal research that is not related to the methodology, but is able to identify its scientific guidelines for the purposes of their own research. Meanwhile, there are few works in jurisprudence that focus on the applied nature of methodological knowledge. Textbooks on the methodology of jurisprudence, intended according to the title information, educational knowledge of its subject features and internal parameters, still go to “distant philosophical distances”, operating with capacious and abstract judgments about methodological phenomena, and therefore are actually addressed not so much to students as to colleagues in the “methodological workshop”. Purpose: to bring the canons of methodological regulations closer to the scientific audience working in other thematic areas that are far from methodological values, but strive to learn them for practical purposes. Methods: descriptive, explanatory, and narrative. Results: based on the results of the study, the author formulated the following theoretical conclusions. The understanding of such a complex phenomenon as the methodology of jurisprudence in its applied meaning is proposed to be carried out according to the “pandect template”. For this purpose, the author “separates” the strictly philosophical and specifically scientific methodology of jurisprudence, offering to distinguish between the general and special parts of the methodological regulations. The general part contains an answer to the subject question what is the methodology and what is the status of methodological knowledge. The special part answers the question of how and what methodological units fill in the methodology parameters and how they work.