doctor of legal sciences, professor
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, 117218, Russia
The question of the effectiveness of the methodological foundations of the study the essence of law in modern jurisprudence is raised. It is noted that researchers often neglected ontological and epistemological requirements needed to achieve a fair result. The praxeological criterion is also not considered. As the result there is a weak argumentation, unconvincing findings and the increasing number of theories, their hybrids. The author believes that one of the criterion of efficiency is using the knowledge of the categories of uncertainty and certainty, the properties of which include tangible and intangible nature. Universality and dialectical unity of these categories is confirmed by their prevalence in the social fabric, including the law. Moreover, the universality of the categories of certainty and uncertainty is limitless and includes not only matter, but also knowledge. It is concluded that these categories are an important cognitive tool. From this perspective natural law theory, integrative theory, communicative theory are analyzed. From the perspective of uncertainty and certainty categories it is analyzed classical and modern schools of law. The author talks about legal positivism, natural law school, integrative and libertarian and communicative understanding of the essence of law, offers evaluate the productivity of theories of law by means of categories of certainty and uncertainty.
Keywords: understanding of law, essence of law, principles of scientific knowledge, certainty, uncertainty, integrative legal thinking, natural law school, legal positivism, libertarian understanding of law, communicative theory of law, materialistic theory of law.
Full text in Russian