Current Methods for Legal Culture Theory Creation
Abstract
The appeal to the problems of legal culture is caused by cardinal changes in the social and legal reality of modern Belarusian society, which determines the need for theoretical interpretation of the ongoing transformations, as well as the need for predicting the legal development of society. The complexity of forming this theory is linked with not only its interdisciplinary nature due to the philosophical background and close contact with the sociological, political, educational and other fields of theoretical knowledge, but also by the scale of the reflected phenomenon covering all forms and spheres of law functioning. Formation of the legal culture theory requires the establishment of its basic characteristics by identifying the relevant parameters and reflecting them in a system of logically related concepts that enable to identify systemic links between legal culture elements and, thus, assess the state and predict the ways of legal culture development of modern Belarusian society. The goal of this paper is to justify, in accordance with the general principals of knowledge, essential set of methods and research procedures for studying legal culture, by means of which legal culture theory of modern society could be formed. According to the authorʼs opinion, current methods for studying the legal culture of modern society are combined usage of the method of ascent from abstract to concrete, the method of historical and logical unity, the system method, including structural and functional approaches, the modeling method. Each method should be applied along with certain ordinance of logical actions and use of appropriate research procedures, such as formulation, concordance and systematization of concepts, scientific argumentation, classification and typology. The final goal of legal culture theory creation is establishing the essence and basic properties of given phenomenon in application to a particular social reality.
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