Discourse of methodological approaches in modern legal studies

The object of the research is methodological approaches in contemporary legal studies. The article solves problems associated with the definition of the theoretical and research demand, the scope and range of effective application, the description and the methodological assessment of formal dogmatic, hermeneutic, axiological, civilisational, phenomenological, integrative, structural-functional, systemic and synergetic approaches to research. The methods used include dialectics, comparative analysis, system approach, generalisation, concretisation, historical, logical, functional and comparative legal ones. Conclusions of the study were the following provisions: The problem of the modern use of the formal dogmatic approach to the legal system is connected with the increasing (evolving) mobility of the legal sphere. It is advisable to talk about the possibility of synthesising the formal dogmatic approach with elements of other methodological principles. When talking about legal hermeneutics, it is concluded that interpretation as a process concentrated on determining (understanding) and explanation of the will of the legislator is impossible without the knowledge of the legislative text generation. In turn, the axiological method allows revealing the essential goals of the perception of law in the formation of legal culture and reaching a qualitatively new level of assessment of social values of law as a whole through different interpretations of human rights values. In the context of the civilisational approach, attention is drawn to the need for the development of the concept of state-legal regulation to take into account the identity of the historical and cultural features of the public development of individual national-cultural communities. A feature of the phenomenology of law is its focus on the study of the current law as a social process and the potential law as a universal ideal which is the modern foundation of law. The integrative approach today occupies its own place in the methodological principles of the general theory of law. It is widely used in research, starting with the primary element of the legal system and ending with the types of law interpretation. The structural-functional approach in law is necessary in the study of state legal phenomena including legal and administrative ones. The comprehensive nature of the approach is in dealing with the structural or functional components, properties, etc. as primary or derived. The systemic approach, interpreting law as a systemic phenomenon, determines the use of the systems theory as a methodological framework. Synergy in law sets the task of studying the legal status of the individual in the social environment, seeing the freedom of will (freedom of no will) of an individual as the basic condition for the development (non-linear development) of society and the state. Here, the key idea of "legal synergy" appears as a related object of the research.

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