Jurisprudence activity based theory: general characteristics

Abstract

The article is devoted to general characteristics of the activity based theory as a constituent of jurisprudence, a theory by means of which legal phenomena can be interpreted. It is emphasized that the activity based theory could be methodological means of knowledge of law that has not become the subject of comprehensive knowledge at present. It is noted that psychology has long considered the theory of activity as a constituent part of the epistemology of its subject, but there were not conducted comprehensive research of the activity based theory as a component of jurisprudence within the domestic legal science.
 Attention is paid on three components of the theory of activity allowing us to consider it as a possible constituent of jurisprudence. The object is the first crucial feature of the activity based theory. Legal phenomena as dynamic phenomena are being the object of the activity based theory that in turn is a component of jurisprudence The second important characteristic feature of the activity based theory is the content The activity based theory is a system of knowledge about legal phenomena. This knowledge allows revealing the essence, functioning and legal phenomena’s development tendencies. The third significant characteristic feature of the activity based theory is the conceptual and categorical apparatus. It is noted that the terminology of the theory of activity largely includes terms inherent in everyday language, and such a feature of the theory of activity terminology has not interfered with the possibility of its use in explaining psychological phenomena.
 It is summarized that the further national legal system development aimed at entering the European legal culture involves a change in the paradigm of perception of law, and interpretation of legal phenomena. One of the important means of ensuring the effectiveness of law and overcoming legal dogmatism is the jurisprudence activity based theory. The potential epistemological possibilities of the theory of activity in the field of law are determined by the inherent human nature of the desire for activity, coexistence in law and order, and the connection of law with the human state of mind. The jurisprudence activity based theory can be a means of interpreting of legal phenomena as dynamic phenomena. The social nature of law determines the variability of law that should correspond to the relations governed by legal norms. The jurisprudence activity based theory allows finding out legal phenomena’s origin, functioning and trends in their development.