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Tolstova O.S., Pasharina E.S. The Problems of Modern Methodology of Cognizing Private Law Phenomena

DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.16

Olga S. Tolstova, Senior Lecturer, Department of Civil and International Private Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. https://orcid.org/0000-0002-2984-4990 

Ekaterina S. Pasharina, Candidate of Sciences (Philosophy), Associate Professor, Department of Social and Humanitarian Disciplines and Foreign Languages, Volgograd State Academy of Physical Culture, Prosp. Lenina, 78, 400005 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. https://orcid.org/0000-0002-3147-444X


Introduction: the methodology of cognizing legal phenomena is a set of methods, techniques by which the process of acquiring new knowledge about the lawtakes place. This understanding comes from the definition of methodology relevant to any scientific knowledge. In modern society, science is part of the spiritual culture of mankind. In this regard, the issues related to the methodology of science have a long history. The authors of the paper set the goal to theoretically substantiate the problems of modern methodology of cognizing private law phenomena. Methods: the methodological framework for the study consists of the methods of historicism, consistency, comparative law. Results: the author’s point of view justified in the work is based on the knowledge of legal science, philosophy, and sociology. The question of methodological pluralism in the system of cognizing private law phenomena is raised. Conclusions: the study revealed the feature of private law research, consisting in their interdisciplinary nature. The complexity of modern social processes leads to the fact that law in its cognitive process must be based on the methodological knowledge of the following sciences, such as philosophy, history, sociology and many others. Using the integrated interdisciplinary approach in the framework of the methodology of cognizing legal phenomena, it is possible to solve the tasks of modern society.

Key words: methodology, methodology of cognition, reflection, the cognizing of law, legal sphere of cognition. 

Citation. Tolstova O.S., Pasharina E.S. The Problems of Modern Methodology of Cognizing Private Law Phenomena. Legal Concept, 2019, vol. 18, no. 1, pp. 118-122. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.1.16

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