State-legal modeling: definition and role in the system of state and law theory methods

The subject of this study is the concept and role of state-legal modeling in the methods of the theory of state and law. The object of research is social relations in the construction of state-legal models. The author used the definition of legal and other sciences related to the legal method. A system method is the basis for inclusion in the methods. The academic novelty of the article is determined by the place of the test method and its potential. The author gives a unique definition of the concept of state-legal modeling: it is regarded as a specific process of studying the state-legal phenomena; the method is considered as the process of legal regulation. The method of state-legal modeling has positive and negative features in comparison with other methods of the theory of law. Real public institutions and social processes, as a rule, are complex and multifaceted. Preliminary construction and research of models displaying any area of the considered legal phenomenon in these cases is an effective way of learning. The law model should take into account all the components and aspects of the system: component, structural, functional, integrative. State-legal modeling is a special technical and legal method, and the process of studying the state-legal phenomena on the example of specific models by mental and real reproduction of objects. Also, state-legal modeling can be seen as the process of implementation of certain legal relations in a specific territory and their subsequent study. The method of state-legal modeling is that different state and legal phenomena in some parts are similar to the "legal similarity of the idea". The special technical and legal method analyzed in this article with due consideration and study will be an effective way of research in law. In the author's opinion, such a course is of great theoretical and practical future: it will allow to better organize specific legal relations in the state. The author believes that the future of the theory and history of state and law as a science should be determined by the need to create effective public-legal models for the resolution of the most important legal issues. The author identifies a number of tasks to model objects: 1) comprehension of the essence of a particular system; 2) management system; 3) forecasting. The reasons for the critical attitude towards the conclusions obtained by state-legal modeling are the "timeserving" character of methodological guidelines and lack of versatility and universality of this method.

Keywords

Authors

References