Legal paradigm in the theory of law

Abstract

The article is devoted to the analysis of the legal paradigm and its cognitive possibilities in modern legal theory. The problem of paradigms, which became relevant thanks to the concept of Thomas Kuhn, does not stop bothering the scientific community. Of particular interest to study is the legal paradigm, the relevance of the study of which in our time can be seen in the fact that this legal construction allows solving the issue of applied significance.
 State-legal transformations in our country caused changes in the methodology of scientific knowledge, prevailing legal ideals and values, the emergence of new theories of understanding law in the legal paradigm, which, in turn, determine the vector of development of legal science. The study of paradigmatic problems in the theory of law is also connected with the epistemological needs of legal science itself. The current state of domestic jurisprudence is characterized by multi- paradigmism, the presence of many competing theories, teachings, and schools.
 The article examines the impact of general theoretical foundations of legal paradigms on law-making activity. The terms «paradigm», «legal paradigm», «paradigm of legal thinking» are clarified. The paradigmatic legal issues in the theory of the state and law have been studied. The study showed that the legal paradigm affects legal practice and determines the direction of legislation development. In turn, the possibilities of law enforcement practice for the legal paradigm consist in the use of law enforcement resources and experience. The evolution of the paradigm in the context of modern legal changes has indisputable theoretical and practical significance. The article reveals the place and role of the paradigm in modern scientific legal knowledge, traces the evolution of the «legal paradigm» category, reveals its relationship with other legal categories. Views on the relationship between the legal categories «law» and «law» in the context of the paradigmatic legal theory are outlined. Problematic issues that require thorough study in modern legal science are outlined.