ФУНКЦІОНАЛЬНЕ ПРИЗНАЧЕННЯ ЗАГАЛЬНОТЕОРЕТИЧНОЇ НАУКИ: ЗМІНИ ПАРАДИГМИ

Abstract

The aim of the publication is to clarify the role and meaning of the functions of general theoretical science. In the process of achieving this aim, it has been applied a system of philosophical approaches to knowledge, principles, general scientific and special scientific research methods. It has been noted that changes in the functional purpose of the theory are due to changes in the perception of the subject field of the theory and the dependence of the cognitive process on the system of subjective and objective factors. It has been singled out such as the level of development of society; features of social consciousness, culture and ideology; openness of the social system for democratic institutions; the need for the study of fundamental state and legal categories, substantiation of their role in ensuring social processes and ways of their improvement. An important factor in rethinking the functional purpose of legal theory is changes of the methodological basis of knowledge of state and legal phenomena, which consist in increasing the role of philosophical approaches, introducing a system of principles of knowledge, expanding the spectrum of general scientific methods and special scientific techniques. It is they that significantly increase the role of theory in the knowledge of scientific, cognitive and educational aspects of the state and law as important institutions of social reality. The above-mentioned changes of the subject and methodological nature cause changes in the functional purpose of general theoretical science, which consist in changing the paradigm of the functions of the theory, their orientation towards clarifying the social purpose of state and legal categories, increasing the significance of the methodological function of the theory and its role as a means of forming professional knowledge. The article summarizes the existing approaches to understanding the functions of the theory, highlights the practical and applied, systemic, cognitive, essential, activity, scientific and theoretical aspects of their perception. The own vision of the category "functions of the theory of law" has been substantiated and its main features have been singled out. Educational, scientific, fundamental, social, political, legal character, ensuring the independence of the theory and achieving the aim and the tasks of this fundamental science are among them. The meaningful direction of such general functions of the theory of law as heuristic, ontological, prognostic, political, ideological and axiological has been determined. Peculiarities of special functions of the theory have been studied. As such, methodological, communicative, educational, system and creating, epistemological and practical-applied have been defined. As a result of the study, it has been made some conclusions about the changing dynamic nature of the functions of the theory, which is due to the system of objective and subjective factors, as well as changes in the subject and methodological field of scientific knowledge. Changes in the functional purpose of the general theory of law are associated with increasing the social role of state and legal categories, overcoming monism in the perception of functions and ensuring the pluralism of the influence of the theory on knowledge of the state and law.