Methodology of Research of Legal Institutions of Marriage and Family
Abstract
The article reveals the essence of the methodology of the study of the constitutional and legal regulation of marriage and the family, which consists of different levels of complexity of methods, which have: general scientific, general legal and special legal character.
Special legal methods allow to effectively investigate the specifics of the subject of research on one-level and two-level levels. The first level of special-legal methods (the lowest level)
is represented by one-level (theoretical and practical) and two-level (interrelated, or even) special-legal methods of analysis of constitutional and legal regulation of marriage and family.
The second level of special-legal research methods is presented by two-level (interdependent, or even) methods of analysis of constitutional and legal regulation of marriage and family, in particular such as: analysis and synthesis; induction and deduction.
The second level of methods include general legal methods of investigation (the method of legal modeling and analysis, hypothetical and historical and legal methods). These methods are the basis of the study of the constitutional and legal principles of marriage and family and reveal their heuristic and historical content.
And completes the structural methods of research, the universal scientific method of dialectical knowledge, which is based on three philosophical laws – the law of unity and the struggle of opposites, the law of the transfer of quantity in quality and the law of denial of objections, which appear in a dialectical way alone, in pairs, and all three at the same time. A characteristic feature of the dialectical method is that all statements and concepts are divided into two groups. The first group of the dialectical method is quantitatively small – it covers the set of initial concepts and assertions that underlie the theory of constitutional law and formulate the fundamental laws of the object. Such initial concepts and statements are called principles. The second group of the dialectical method is a set of derivative concepts and assertions of research, which follow from the original provisions. These include conclusions about the imperfect categorical component of the study; about the proper level of implementation of its constitutional norms; on the expediency of dialogical forms of establishing the interaction of the state with public organizations in the implementation of the constitutional and legal regulation of marriage and family.
All these research methods combine with each other. At the same time, special-legal methods of constitutional-legal regulation of marriage and family can not contradict general scientific and general law methods, because they are their kind.
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