SYNERGETICS AS A METHODOLOGICAL APPROACH TO THE STUDY OF SOCIAL, LEGAL, HISTORICAL AND LEGAL SYSTEMS

Abstract

The subject of this publication is synergetics as a methodological approach to the study of social, legal, historical and legal systems, and the aim is to identify its characteristics as a methodological approach. Methods such as philosophical dialectics, analysis, synthesis, deduction, induction, synergetic, systemic, comparative historical, special legal, etc. were used in the study. As a result, it is concluded that synergetics is considered by scientists as a scientific picture of the world, independent science, methodology, interdisciplinary approach, private science theory, general scientific theory, scientific paradigm, so today it is in a state of formation. It was found that as a methodological approach, synergetics directs efforts to the scientific study of such an aspect of development as "self-organization", as well as the self-organization of such a part of matter as systems of different nature, meeting the criteria of complexity, openness, dissipation, to study the self-organization of systems within the scheme: "order" – "chaos" – "order". It is proved that in the study of social systems the main task of the synergetic approach is to identify a peculiar type of patterns of social self-organization, which differ from the patterns of self-organization in natural systems. It is substantiated that the synergetic approach has a number of heuristic possibilities in the study of some legal systems and in general directs efforts to identify the specifics of the laws of self-organization in the legal sphere, the implementation of the mechanism of legal self-organization as a result of mutual transitions of the legal order and chaos. It is revealed that the specific problems that arise when using this approach are the definition of "legal chaos", the identification of the mechanism of exchange of "legal information, matter and energy" between the legal system and the "environment", the essence of the synthesis of legal order and chaos. It is concluded that the synergetic approach has features in the study of historical and legal systems in the field of comparative history of law, which are due to the limitation of the "historical plane" of research and identify the impact of fluctuations on certain scenarios. It is determined that the nonlinearity of the evolution of historical and legal systems determines the perception of the view of the comparative history of law as an alternative and multivariate process. This allows the development in the field of alternative comparative history of law: the search for alternative in the future potentially positive options for the development of historical and legal systems. At the same time, the basis should be the modelling of comparative situations with the inclusion of the past and taking into account the impact of the future on the present. It is proved that the application of a synergetic approach in comparative and historical legal research, where the object is historical and legal systems, has a number of specific problems. It has been found that such problems are the discovery of the essence of the exchange between the "historical and legal system" and the "environment" of matter, information, energy; restrictions on the use of mathematical methods; search for criteria for distinguishing between objective and subjective factors that have influenced the choice of this particular "scenario" at the bifurcation point; delimitation of self-organization of structural elements of the system and their organization as a consequence of administrative intervention.