сила синергії у проявах правової науки: міждисциплінарне дослідження

Abstract

The article discusses the concepts of “synergy”, “synergetics”, “synthesis” and “synergetic effect”. It is noted that it is synergetics that studies synergy and synergetic effects. It is established that the essence of synergy is revealed through the spectrum of its properties (emergences). With the help of synergetic approach, the character of system connections between elements (components) of complex system formations is investigated. Law is represented as a complex, non-equilibrium, open, nonlinear, dynamic system. It is found that an important condition for synergy is compliance with the basic principles of organization and self-organization. The power of synergy in the theory of law is manifested and extends to various branches of legal science, in particular, it is shown how it affects economic law. Recognizing the position of I.R. Prigogine on instability and instability in nature as fundamental characteristics of the Universe the authors urge not only to look differently at the previous theoretical concepts of the construction of the Newtonian-Laplacian type, but also to some extent to re-evaluate the variability of even the system of law, in particular economic (innovation), and the process of innovation development in General. Attention is focused on the influence of the synergy force in the study of legal phenomena using the synergetic approach. The opinion of G. Haken concerning the manifestations of the essence of synergetics is discussed. It is established that the essential difference of synergetics, which significantly distinguishes it from other traditional methods of scientific knowledge, is that any legal phenomenon in the process of its study with the help of the synergetic method must be investigated both from the outside and from within. Scientific approaches to understanding the concept of “synergy” are revealed, and the power of synergy in legal science is determined. The arguments in favor of the use of synergetics in the study of legal phenomena are presented. Attention is drawn to the fact that the system chooses for himself the most appropriate form of regulation of relations that best reduces the level of entropy in the system requires less cost, i.e. causes fewer disturbances, it applies scientific knowledge in General, that is, the legal system, the prediction result of legal rules and timing advanced training of legal norms and legal relations.