Философская парадигма российского гражданского права: проблемы выбора

Abstract

Introduction: the paper discusses the main conceptual approaches to understanding the philosophical and legal essence of civil law, conducts a critical analysis of the most common methodological approaches to epistemological and ontological problems of civil law. Purpose: to prove the groundlessness of a complete rejection of the materialistic understanding of law based on historical and logical methods of studying its nature in favor of phenomenology, which involves the study of law, including civil law, as a pure, logical-semantic phenomenon that exists separately from society. Methods: the predominant research methods used in the paper are historical and logical methods that ensure the reproduction in the mental sphere of the complex process of the formation and development of civil law as a branch of humanitarian knowledge. Results: the author investigates the problem of competition of scientific paradigms in the modern science of civil law, and suggests a solution to the scientific contradictions that have arisen by thoroughly rethinking the dialectical methods of studying legal phenomena. Conclusions: as a result of the research, a point of view has been developed on the need, when analyzing the conceptual foundations of civil law as a scientific branch, not to ignore the axiomatic concepts of understanding law, considering it as a result of the development of society. In relation to civil law it is the reflection of the state of property relations in the chronological section of social development taken at the time of the study.