Methodology of Research of the Institution of Legal Responsibility in Public Law

  • M. Tereshchuk

    Researcher of the Department of State and Law Theory of the National Academy of Internal Affairs, Kyiv, Ukraine

Keywords: public law, legal responsibility, methodology, dialectics, general methods, special methods, private-law methods

Abstract

The article deals with the question of methodological support, which is the leading for theoretical study of legal responsibility. Only if the methods, means and methods of scientific knowledge are properly used can achieve the goal and fulfill the research task of the institute of legal responsibility.

The relevance of this article is conditioned by the need to understand some of the methodological aspects of its study.

The purpose of this article is to outline the methods of scientific knowledge necessary for the study of legal responsibility.

It is determined that the methodology is a complex set of approaches, principles and methods of scientific knowledge, including the possibility of a comprehensive review of the phenomenon being studied.

Therefore, legal responsibility as a social phenomenon of a legal nature is considered from different ideological and philosophical positions.

It is determined that the method of legal science is a system of general, special and private methods of cognition, which are based on the dialectical method and are reduced to four types, named as materialistic dialectics, general methods, special methods, and private-law methods.

It is proved that the methods of knowing the legal responsibility are not exhaustive, since they do not cover the whole range of issues related to the subject of the study.

The system of methods for investigating legal responsibility is a phenomenon of a dynamic nature. Understanding legal responsibility by applying a multilevel structure of methods makes it possible to define it as a category of philosophical and legal level. Therefore, for its study, it is necessary to use the proportion of methods of different levels in their application.

Downloads

Download data is not yet available.

Author Biography

M. Tereshchuk

Researcher of the Department of State and Law Theory of the National Academy of Internal Affairs, Kyiv, Ukraine


Abstract views: 202
PDF Downloads: 3654
Section
Constitutive basics of philosophy of law and methodology of law