Theoretical Problematic Methodological Approach in the History of Political and Legal Doctrines

Abstract

The subject of the research is the processes of cognition of the doctrines of politics, state and law from the perspective of applying a special cognitive tool of the modern science of the history of political and legal doctrines, i.e. theoretical problematic methodological approach. The purpose of the study is to substantiate and actualize the problem: theoretical methodological approach in the Russian science of the history of the teachings of the state and law. The paper examines the main historical stages of the formation of this approach in the historiography of the history of political and legal doctrines. The author proves that the theoretical problematic methodological approach is a worldview policy that is based on the achievements of theoretical legal science. This expresses the orientation of research on political and legal doctrines of the past as an integral part of the most urgent tasks aimed at generalizing nature of modernity, used for the purpose of incrementing, and enriching knowledge about legal concepts. The author considers the structure of this approach at the philosophical level of methodology. It consists of the general idea of the construction of the past, the principles of historicism and constructivism, the modern conceptual apparatus of theoretical jurisprudence, as well as value foundations. The technology of application the theoretical problematic methodological approach is determined by the chronological description, synchronous and diachronic research plans, biographical direction (portrait method) in close relationship with the structural elements of political and legal doctrines. The paper highlights and reveals the following functions of the theoretical problematic methodological approach: transformative, explanatory, heuristic and ordering. The purpose of the approach is determined by the totality of the designated functions and consists in the development and increment of fundamental theoretical knowledge obtained from the teachings of the past, in the transformation and development of political and legal views on politics, the state and law. The main conclusions of the study are discussed.