Legal Analyst: Doctrinal Context

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Legal Analyst: Doctrinal Context

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2018, Vol 29, Issue

Abstract

Modern processes of change in all spheres of human life differ not only in the ongoing reforms, but also in our attitude towards them, rather in the perception or not perception of the latter. Of course, there are no exceptions to legal transformations. At the beginning of the presentation, we want to note that the success of the reformist movement largely depends on the understanding of those processes that take place and on personal involvement in them (overcoming the position of an outside observer and the desire to move to the position of effective support for “change for the better”). Unfortunately, one of the signs of the present, a sign of the way of life of many becomes a constant criticism, behind whose backs sometimes it is difficult to come out to see and feel positive and constructive not only attempts but also changes. In this context, we would like to again focus on the urgently needed jurisprudence of today’s phenomenon - legal analysis. Some aspects of this phenomenon have already been considered. This direction is extremely necessary given the possibility of “evaluating in advance”, the use of analytical findings in the legal plane. It should be noted in this context that the analytical direction can be slow and slowly, but still takes its place in relation to the practical component of jurisprudence. Just look at some of the latest developments. Unfortunately, as far as the doctrinal “cut” is concerned, legal an- alytics has not become either an indispensable tool or an effective means of choosing the topic of scientific research for its realization. However, it is already clear that legal analytics has both applied and doctrinal significance. It is not a secret that the topics of scientific research as a whole often duplicate each other in different scientific centers of the state, or the processing of which is carried out in parallel, differ in small nuances, which could become the subject of discussion at round tables, conferences, and therefore not to pull the costs of the corresponding funds for a certain period (sometimes years). Or the proposed scientific topics are far removed from human life and society. Therefore, the essence of the discussion is not only the completed scientific topic, but its “start”, the understanding of the necessity for a person, society and state. It is clear that startups in legal science are necessary as engines of legal development and legal progress. Let’s try to analyze it in a more concrete plane. Unfortunately, today the state of legal eval- uation in public opinion is characterized by a high index of legal nihilism, legal pessimism, non-acceptance of law, conflict with the law, and this list can be continued. Such phenomena are observed both at the level of ordinary citizen and at the level of certain centers of civil society.

Authors and Affiliations

Nataliia Onischenko

Keywords

Praetor peregrini as an epistemological model of contemporary comparative lawyer (toward a question about comparison as a philosophical thinking of legal postmetaphysic)

Contemporary jurisprudence has appeared before opportunity and necessity to afford itself as a sphere of independent methodological thinking, i.e. awareness itself as a project law-as-philosophy. Justifications of logic...

EP ID EP525456
DOI -
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