Theoretical Approaches to the Essence of the Concept of ‘Methodology’ in Modern Jurisprudence

Abstract

The article investigates theoretical approaches to the essence of the concept of ‘methodology’ in modern jurisprudence based on the analysis of the views of domestic and foreign scientific researchers. It is proposed under the methodology to understand the set of methods, means, principles and procedures of scientific research, used in the process of scientific knowledge of a particular problem, with the help of which the researcher substantiates the phenomenon under investigation. It is determined that the development of modern legal science requires a well-formed research methodology, since the term ‘methodology’ is often changed with the term ‘methods/ technique’. It is established that there are different and not always unambiguous interpretations of the concept of methodology in the modern world and they are provoked by the rapid globalization development of society, the introduction of new information resources, digitalization, etc. The basic categories on which the methodology is based, which is endowed with a certain apparatus of research, which include: methods and ways of organizing scientific research; principles and forms of organization of scientific research; techniques and procedures of scientific research. It is substantiated that all the components of scientific research constitute the foundation of methodological apparatus and collectively make up a certain tool for the knowledge of the phenomena and processes under study. The significance and difference of the concepts of ‘scientific method’ and ‘method of science’ have been considered and the main requirements for these concepts have been characterized. It is determined that the right choice of research methods will lead the scientist to deep and verified results, provided that these methods will be used together with another elements of scientific research in order to solve certain problems. It was revealed that there are a considerable number of methods, the unity and interrelation of which form the specificity and integrity of the cognitive activity in science, the determining of which are general scientific, theoretical, experimental and specific. The key principles on which the methodology of scientific research should be formed are specified, i.e. the principle of consistency, the principle of development, the principle of unity of theory and practice, the principle of objectivity, the principle of abstraction, the principle of decomposition. The main functions the methodology is based on are characterized. It is defined that modern scientific research is impossible without a clearly formed methodology, which should have a systemic nature in scientific research and be carried out in certain logical sequences.