Emanation of Law: Prolegomena

Abstract

The article deals with the scientific discussion on the stages of the formation of law from principals of law to customs of law and other forms of law. The success of law research of legal relations depends on the methodology and entirely stems from a more precise definition of its subject. The sections of the article justify the approach, which synthesizes the cognition of general scientific categories with analytical calculations of special methods, which are peculiar to different legal schools and types of legal understanding in the context of determining the reliable subject of research of fundamental forms of the dynamics of the emergence and development of law. As a result of the analysis of general scientific and legal arguments, an updated complex approach of the methodological monism of the “dialectics of law” to the definition of the subject area of research as a result of a scientifically based synthesis of a number of legal categories within the framework of an “integrative understanding of law” is proposed. The following conclusions are made about: – the gradation (stage-by-stage) of the formation of the system of forms of law; – regularity in the dynamics of changes in fundamental forms of law during the emanation of law; – the dialectics of the emanation of law, the forms of its flow, the basis of the system of forms of law and the forms of stable certainty of law.