Conceptual apparatus of legal science and the role of dogmatism in its development
Problem: domestic jurisprudence, primarily its theoretical and methodological part, today faces a variety of challenges and, admittedly, does not always demonstrate the ability of an adequate response. Modern trends and problems of development of domestic theoretical jurisprudence often serve as a reason for reflection on the adequacy of the methodology and the dimensionality (sufficiency) formed on its basis of the system of concepts. Conceptual and categorical apparatus of the theory and branch of Sciences in recent years has increased significantly in volume and continues to be replenished with new discoveries. Conceptual and terminological “mass” has reached an unprecedented level, and therefore have to think about the logical boundaries of the subject of jurisprudence and its most important and integral component - the conceptual apparatus. Purpose: the author’s position is due to the desire to avoid extremes in the recognition of the unconditional value of dogmatism, and a purely critical attitude to it. The article substantiates the thesis that dogmatism in the methodological perspective can and should be considered not only as a non-critical type of thinking, but under certain conditions also as a methodological installation (principle) aimed at preserving (preservation) of the conceptual apparatus of legal science for its further development. Methods: the author builds his arguments on the basis of dialectical-materialistic method, historical and functional approaches. Part of the author’s thought is based on metaphysics. Summary:1) dogmatism has methodological potential, allowing to ensure the preservation of the conceptual apparatus for its development, as well as the continuity and reproduction of scientific traditions;2) the recognition of a legal theory (concept, doctrine), dogmatic among other characteristics, indicates about completeness and integrity of the proved concept and concepts, categories and legal constructions making its basis;3) law naturally prone (inclined) to dogma, because dogma provides the theoretical law harmony and entropy, the optimum of its concepts, and practical legal services - law and order - the main by operation of law.