О ДИСЦИПЛИНАРНОЙ МАТРИЦЕ ЦИВИЛИСТИКИ: В ПОРЯДКЕ ПОСТАНОВКИ НАУЧНОЙ ЗАДАЧИ

Abstract

Introduction: the article intends to draw the attention of the scientific legal community, especially scientists in the area of civil law, to the status of methodological elaboration of conceptual apparatus of the basis of civil law science. Authors accepted the term “disciplinary matrix”, which is proposed by T. Kuhn, to designate a system of such concepts and a system of scientific knowledge objectified in the concepts. Goal: to substantiate the development of a disciplinary matrix of civil law as one the main aims of the present science. Methods: authors used general scientific and special scientific methods including method of logic, intersectoral and functional methods. Results: legal literature shows the absence of special researches dedicated to comprehensive consideration of the disciplinary matrix of civil law as an essential conceptual basis although Russian scientists analyzed certain aspects of the problem. The current status of the disciplinary matrix of civil law is characterized by the spontaneity of formation, which results in the absence of a clear and uniform civil law conceptual apparatus among graduates of law schools, as well as among representatives of other branches of jurisprudence which use civil law concepts. Conclusions: the main aims of civil law in this area are involvement in science and rooting of term “disciplinary matrix of civil law”; determination of concepts which can be used in such matrix; achievement of unanimity in understanding the “matrix” civil concepts by members of the civil law community. The accomplishment of these aims is significant for creating a fundamental foundation of legal education and worldview. It is also necessary for the unification of interpretation and application of civil law concepts by specialists of all branches of national law, which is relevant for expanding of inter-branch ties, as well as by representatives of various legal orders (in the context of comparative legal research). It is the deal of civil law society which scientific pluralism transforms the aim of forming the disciplinary matrix of civil law into one of the existing problems.