Об истории юридической науки как процессе становления культуры творчества: размышления и краткие зарисовки о правовой эврикологии (науке о творчестве в познании и осуществлении права)

Abstract

Purpose. Identification of the main trends in the development of legal science, search and analysis of stereotypes and unresolved issues that have developed in the course of its historical development, significantly, in the author's opinion, reducing the effectiveness of legal science in modern conditions, seriously deforming the process of thinking about law and knowledge of law, with an emphasis on the formation of a culture of creativity in legal science and social practice, considered as a new paradigm of its modern development. Such stereotypes are characterized by the identification of jurisprudence with legal science, the identification of legal and legal thinking, the identification of cognitive methodologies in fundamental and applied legal sciences (in subsequent works), based on the understanding of the method of cognition as an external order, a general scheme imposed on any content capable of providing, according to G. Hegel, only primitive knowledge.Methods. Criticism of the established understanding of the methodology of cognition, the varieties of methods that are constantly cited in any scientific work, the justification of the exhaustion of general scientific paradigms on which modern methodology is based. The necessity of transition to a methodology based on the developing doctrine of reason and reason, based on the idea of a culture of creativity in cognition and realization of rights, freedom of thought, is substantiated.Results. An analysis is presented from this point of view of the identification of jurisprudence with legal science, the identification of legal and legal thinking and cognition, the separation in the structure of legal science of fundamental (metaphysical) conventionally called "jurisprudence" and jurisprudence as an applied science of law, collectively understood as "legal science". The features of its formation in Russia are indicated. Attention is drawn to the methodological features of fundamental and applied legal science, a critical understanding of the history of these methodologies is carried out, urgent problems in modern scientific knowledge are substantiated, proposals are made for its improvement based on the developing doctrine of reason and reason, which, in the author's opinion, should become the methodological basis for the knowledge of law and thinking about it.Conclusions. The history of the formation of legal science shows that the necessary prerequisites have emerged for the development of urgent modern problems at a new stage of its development. It is about the study of the culture of creativity in fundamental and applied legal science, expressed in the formation, implementation and change of scientific paradigms, foundations, conceptual apparatus, forms of expression through which knowledge of its history is possible. The conducted research allows us to formulate an extremely general conclusion. The constant development of the culture of creativity finds its expression in the constant search for and finding a reasonable content of law, putting it into a reasonable form, and achieving their unity. The culture of creativity in legal science is a core idea that ensures the development of both law and its knowledge based on the doctrine of reason and reason.