THE BACKGROUNDS OF INSTIYUTIONALIZATION OF THE RESEARCH APPROACH IN JURISPRUDENCE

Abstract

(In this article) The institutionalization of the research approach in modern jurisprudence was considered in scientific and conceptual sense. Considered in the scientific and conceptual understanding of the institutionalization of the research approach in modern jurisprudence. On the basis of the analysis of scientific literature, the level of scientific study of the issues covered by the subject of research is described. The spectrum of the general theoretical positions, which require additional study in the context of the problems raised in the work, is also defined. These are the unused plots of the legal spiritual heritage, which we are bitterly and enthusiastic about, re-discovering it for ourselves, the need to deepen knowledge about the concept of a research approach, the world-wide the tendency to popularize new approaches in jurisprudence, which is supported by domestic and foreign scholars. It was emphasized that the discovery of new and relatively new approaches and methods may lead to the discovery of new properties, features, the significance of state-legal phenomena, and their values for society. In this practical significance of the methodology will become even more intense if the discovery is put into practice, realized in life. Attention is drawn to the fact that, despite the widespread use of the “concept approach”, in jurisprudence there is no specific definition of its content and scope of application. In view of this, it is proposed to determine the research approach as a complex algorithm for comprehension of reality arising as a result of a combination of fundamental ideas and certain methods, that is, as a specific unity ideological, theoretical and methodological knowledge, in which the main thing is the order of combination of theory and method determined by the subject of knowledge. The aspects of the research approach, namely, conceptual, strategic, tactical and methodological are revealed, and based on this the author's concept of “research approach” is substantiated. In the broad sense, it is a complex of conceptual, tactical and methodological aspects of the knowledge of phenomena and facts. In the narrow sense, the term "research approach" applies to any aspect that corresponds to the practice of industry use of the term in scientific discourse.