Understanding the Methodology of Cognition of Scientific Theories in Jurisprudence

Abstract

The purpose of the article is to present a research program of jurisprudence. From a scientific and historical point of view, this is a conservative aspiration, since it is aimed not at replacing existing manifestations with the seemingly original, but at consolidating jurisprudence, as well as being revolutionary, since it aims at a new path of jurisprudence: to carry out a research program means continuous (continuous) research, and therefore abandoning certain fluctuations in fashion trends between the forgotten and the newly discovered means to understand jurisprudence emphasized as a science, and therefore a turn away from a politicized «decision-making meeting». The methodological basis of the study is a number of conceptual approaches, general scientific and specially scientific methods. Topical issues of methodology of cognition of scientific theories are considered. The scientific theories of modern jurisprudence, their structure are investigated. The development of jurisprudence theories in the general structure of scientific theories is substantiated. It is noted that the question of scientific theory has had a marginal impact on jurisprudence, in any case to this day. If it is so that the value of scientific and theoretical research is increasingly relevant to law, then it cannot be argued that the scientific theory of law is still not in sight in a particular form. Describing its current state, it is necessary to state the field of tension, on one side of which stands a cognitive effort around the scientific-theoretical basis of science, and on the other – the so-called legal dogma, which is served (if at all served) by the existing temporary theory about its basis. Attention is drawn to the organization of jurisprudence as a science. The problem of cost freedom of science, which will be of great interest to us and will concern us, is considered. It is argued that every science uses the tools of logic. It is necessary to distinguish between statements about valuation and valuation: statement about valuation is the statement that certain valuations are interdependent in the system of value, or also whether someone has comprehended certain valuations. Instead, conducting an evaluation means taking the evaluation, evaluating yourself. The «freedom of science» value proposition does not imply that statements about appraisal do not belong to science, which would be unscientific to make appraisal a subject of knowledge. The postulate of the value freedom of science only implies that the evaluation (direct evaluation) does not belong to scientific activity. Scientific novelty. So general scientific theory seeks to answer an important aspect of the question «what is science?» The question of the organization of science is a question of the prerequisites that must be derived in order to be able to engage in specific scientific activities. The expectation (hope) of a scientific theory is that it is possible to choose by what criteria it is possible to test scientific norms for their truth. One might even expect that scientific theory may indicate to it a path ("method") that only needs to be followed mechanically to reach the goal of scientific knowledge. What expectations do they have, in particular, and what answer does the scientific theory want to prepare: for scientific and theoretical norms, as for any other norms, criteria for validation are required. Scientific theory emerges as a science which, in turn, requires a scientific theory – for which nothing else can work. Conclusions. It is justified that in this way the scale (sequence, gradation) has arisen, the meta-meta is the aim of scientific theory, which is infinite and therefore cannot be fully traced, and thus our test criteria may not be substantiated. Those scientific-theoretical theories that are supposedly valid only for the natural sciences or other specific fields could be called, in contrast to the General Scientific Theory, a «Special Scientific Theory».

Keywords: theory; science; methodology; method; system; structure; organization; truth; logic; program; jurisprudence.