Methodological Basis of the Study of the Right to Freedom of Thought, Conscience and Religion

Abstract

The purpose of the article is the disclosure of methods, ways of examining the right to freedom of thought, conscience and religion, the allocation in the process of synthesis of the knowledge of the substantive relationship between that law and the society, explanation and generalization of results of empirical research, identifying common patterns and their formalization. The methodology of the study. The authors emphasize that, given the complexity of the structure of the law itself, the differences and the variety of methods they can be divided into: 1) philosophical methods, whose scope is quite broad. This is a metaphysical and dialectical methods, and later phenomenological, hermeneutical; 2) General scientific methods that are used in the vast majority of science; 3) private or special methods are widespread for the individual Sciences or fields of practical activities. The combination of the applied methods and presents assumptions allowed us to build such a model: the right to freedom of thought, conscience and religion acts as a holistic, self-organising there are a system that applies to POLAB ktne environment. Components of this system are freedom of thought, freedom of conscience, freedom of religion, which act as driving forces of the social process, and the main regulators in this regard is the society and the state. Task is knowledge of the essence of the right to freedom of thought, conscience and religion in philosophical and legal dimension, that is, through the prism of values and its role for society. Scientific novelty lies in the fact that the use of the whole complex of the above listed methods will help with the philosophical and legal positions reveal controversial issues of legal fact, and the very freedom of thought, conscience and religion to be regarded as a public good, respectively, the task of the state is to provide, to assist all citizens in obtaining this benefit. Conclusions. All the methods do not exist in isolation from each other, as each of them deepens some aspect of philosophical and legal knowledge about the study right, collectively they will reveal it completely.

Keywords: methodology; the right to freedom of thought, conscience and religion; philosophy of law regulator; the process of cognition; ideology; philosophical methods; scientific methods; special methods of cognition.