A factorial approach in branch legal sciences

One of the actual issues both in the theory of law and in branch legal sciences is the analysis of the reasons and conditions determining the development and functioning of the system of law. Applying a factorial approach to the evaluation of legal phenomena, we can reveal the essence of law; increase the effectiveness of both law-making activities and realization of legal rules. A factorial approach is being widely analyzed in philosophical works and the works on common theory of law. However, we come across the ideas of determinism in branch legal sciences more often since the research into the system of the branch of law on the basis of these methodological grounds promotes the cognition of its inner content, its structural elements, their interrelationship and interdependence, inner contradictions and, consequently, creates the conditions for the effective modernization of a separate branch of law. We cannot but notice a principally different approach to the determination of purposes for the application of a factorial theory in branch sciences. A.A.Ter-Akopov thought that "it's no use speaking about sociology, criminal law and criminal policy beyond the category of determinism". It was O.V.Grevtsov who realized a factorial approach in legal science among the first and separated both objective and subjective factors of the formation of criminal policy (the factors of criminality). According to him: "the factors determining criminality and criminal policy represent a dialectical unity of objective conditions and subjective prerequisites for the social development and include political, legal and other public relations, natural conditions and legal culture". Civil law pays little attention to the theory of factors; no research connected with the methodological role of the principle of determinism has been carried out yet. This results in an ambiguous evaluation of its significance and purposes for its application. Civil law is supposed to separate both external and internal determinants. Economics can be referred to the former ones but V.V.Vasiliev believes the collaboration of economics and law "to be a dependent derivative from the factor of a personality as an important external factor of determination in civil law". Thus, modern legal science does not know any unified concept enabling us to apply a factorial approach as a methodological basis for legal research.

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