Methodology of civil law science

Abstract

The article deals with the methods of scientific researches in civil law such as dialectic, method of formal logic and method of structural system. The characteristics of these methods are also studied. The article supports thesis on dialectic being the most common method in legal researches, while other methods of scientific knowledge complete dialectic and logically derive from it. The method of formal logic allows us to understand the logic of legal norm and its construction. The method of structural system takes into account the nature of research and its value system and priorities. 

The article deals with some aspects of civil law methodology.

The dialectical method is considered to be common, allowing to achieve progressive results in different fields of knowledge. The method of formal logic is traditionally important in the legal system, it helps us logically apply the regulations, rules, and forms of law to specific situations. Rule of law is the fundamental principle that allows applying the law as a form of justice by using the method of a structural system.

Using dialectic we can solve scientific problems such as new knowledge development through comparing opposite scientific believes; denial of one scientific theory and formulation of others; deepening theory of researches that already exist.

The method of formal logic allows us to create science classifications, it helps to highlight the features of specific legal action and its nature and it also makes it possible to periodize those actions. Moreover, this method allows formulating the meaning of legal categories according to its characteristics.

The method of the structural system is based on the action matter, value system and priorities of the State. According to the Constitution of Ukraine (article. 3), the most important of them are human rights. The protection of those rights is the main orientation in State existence.