There are methods in knowledge. Methods of cognition

Theory of knowledge was first mentioned by Plato in his book The Republic. Then he identified two types of knowledge - sensory and mental, and this theory has been preserved to this day. Cognition - This is the process of acquiring knowledge about the world around us, its patterns and phenomena.

IN structure of cognition two elements:

subject(“knower” - person, scientific society);
an object(“knowable” - nature, its phenomena, social phenomena, people, objects, etc.).

Methods of cognition.

Methods of cognition generalized on two levels: empirical level knowledge and theoretical level.

Empirical methods:

Observation(studying an object without intervention).
Experiment(learning takes place in a controlled environment).
Measurement(measurement of the degree of size of an object, or weight, speed, duration, etc.).
Comparison(comparison of similarities and differences of objects).

Analysis. The mental or practical (manual) process of separating an object or phenomenon into its components, disassembling and inspecting the components.
Synthesis. The reverse process is the combination of components into a whole, identifying connections between them.
Classification. Decomposition of objects or phenomena into groups according to certain characteristics.
Comparison. Detecting differences and similarities in compared elements.
Generalization. A less detailed synthesis is a combination of common characteristics without identifying connections. This process is not always separated from synthesis.
Specification. The process of extracting the particular from the general, clarifying for better understanding.
Abstraction. Consideration of only one side of an object or phenomenon, since the rest are not of interest.
Analogy(identification similar phenomena, similarities), a more advanced method of cognition than comparison, since it includes the search for similar phenomena in a time period.
Deduction(movement from the general to the particular, a method of cognition in which a logical conclusion emerges from a whole chain of conclusions) - in life, this type of logic became popular thanks to Arthur Conan Doyle.
Induction- movement from facts to the general.
Idealization- creation of concepts for phenomena and objects that do not exist in reality, but there are similarities (for example, ideal liquid in hydrodynamics).
Modeling- creating and then studying a model of something (for example, computer model solar system).
Formalization- image of an object in the form of signs, symbols (chemical formulas).

Forms of knowledge.

Forms of knowledge(some psychological schools are simply called types of cognition) there are the following:

Scientific knowledge. Type of knowledge based on logic scientific approach, conclusions; also called rational cognition.
Creative or artistic knowledge. (It's the same - art). This type of cognition reflects the world around us with the help of artistic images and symbols.
Philosophical knowledge. It lies in the desire to explain the surrounding reality, the place that a person occupies in it, and what it should be.
Religious knowledge. Religious knowledge is often classified as a type of self-knowledge. The object of study is God and his connection with man, the influence of God on man, as well as the moral principles characteristic of this religion. An interesting paradox of religious knowledge: the subject (man) studies the object (God), which acts as the subject (God) who created the object (man and the whole world in general).
Mythological knowledge. Cognition characteristic of primitive cultures. A way of cognition among people who had not yet begun to separate themselves from the world around them, who identified complex phenomena and concepts with gods and higher powers.
Self-knowledge. Understanding your own mental and physical properties, self-awareness. The main methods are introspection, introspection, formation self, comparing yourself with other people.

To summarize: cognition is a person’s ability to mentally perceive external information, process it and draw conclusions from it. The main goal of knowledge is both to master nature and to improve man himself. In addition, many authors see the goal of knowledge in a person’s desire for

As Hegel emphasized, not only the result of research, but also the path leading to it must be true. A method is a set of rules of behavior and requirements for activity, formulated on the basis of knowledge about the properties objective reality. The method is, figuratively speaking, a lantern that illuminates the way for a traveler in the dark.

Exist Various types classification of methods that together form a methodology, which is understood as a system of principles and methods of organizing and constructing theoretical and practical activities, and how the doctrine of this system.

Let us dwell on only one, but important, division of all methods into two large groups- empirical and theoretical methods. Empirical methods do not follow from the essence of the object, and therefore contain many subjective aspects. But they are such only if they do not, as a necessary element, fall within the scope of the system of theoretical methods, which are built on the unity of subject and method. Since theoretical methods act as a way for a subject to organize his activities in accordance with the essence of the subject, empirical methods involved in the scope of the theory receive direction and objectivity within it.

Knowledge begins with observation. Observation is a method of directed reflection of the characteristics of an object, allowing one to form a certain idea of the observed phenomenon. The block of observation procedures includes description, measurement, and comparison.

Experiment is more effective method, which differs from observation in that the researcher, through an experiment, actively influences the subject by creating artificial conditions necessary for identifying previously unknown properties subject.

The modeling method is based on creating a model that is a substitute for a real object due to a certain similarity with it. The main function of modeling, if we take it in the broadest sense, is to materialize, to objectify the ideal. Building and studying a model is equivalent to researching and constructing a modeled object, with the only difference being that the second is done materially, and the first is done ideally, without affecting the modeled object itself. The second follows from this important function models in scientific knowledge - the model acts as a program of action for the upcoming construction of the modeled object.

Analysis and synthesis. Empirical analysis is simply the decomposition of a whole into its constituent, simpler elementary parts. Synthesis is, on the contrary, a combination of components complex phenomenon. Theoretical analysis involves highlighting the basic and essential in an object, imperceptible to empirical vision. Analytical method At the same time, it includes the results of abstraction, simplification, and formalization. Theoretical synthesis is an expanding knowledge that constructs something new that goes beyond the existing framework.

Induction and deduction. Induction can be defined as a method of moving from knowledge of individual facts to knowledge of general facts. Deduction is a method of moving from knowledge general patterns to their private manifestation. Theoretical induction and deduction based on it differ from empirical induction and deduction in that they are not based on the search for something abstractly general, the same in different subjects and facts (“All swans are white”), but on the search for the concretely universal, on the search for the law of existence and development of the system under study.

Historical and logical methods are based on dialectics, i.e., mutual transformation of the historical and the logical: by studying history, we learn its objective logic, while by studying a subject logically, we reconstruct its history. Historicism can be abstract and concrete. Abstract historicism is an empirical method of describing events chronologically without a deep understanding of their essence.

The integrating scientific method, which includes all previous methods as moments, is the method of ascent from the abstract to the concrete. This is theoretical system method, consisting in such a movement of thought that leads the researcher to an increasingly complete, comprehensive reproduction of the subject. In the process of this movement of theoretical thought, three stages can be distinguished: 1) empirical study directly, sensually, specifically of this subject, 2) the stage of ascent from the sensory-concrete to the original abstraction, to knowledge of the essence of the object, 3) the stage of return to the object “abandoned” in the process of abstraction on the basis of knowledge of its own essence, i.e. the stage of ascent from the original abstraction to the holistic theoretical specific concept of the subject; this is the path to concrete, essential scientific thinking, capable of becoming objectified in practice.

For a figurative perception of everything that has been said about the content of the theory of knowledge, we present a special table coordinating the principles, forms and methods scientific knowledge(see Table 1).

Table 1

As you can see, each column starts with the most simple element, and the lower we lower our gaze, the more and more complex, concrete principles, forms and methods we deal with. However, each previous element does not disappear, but remains in the subsequent element in a subordinate and transformed, “removed” form. The “horizontal” connection in the table is not so direct, but it is also there, especially in its final, lower part: truth and concreteness, according to Hegel, are synonyms. To this we can add that any principle, being wrapped in the practice of cognition of an object, turns into a method: for example, the principle of historicism acts as historical and logical methods. The functional difference of the columns proposed in the table can be figuratively imagined as follows: if we compare the “construction” of knowledge with the construction of a building, then the principles are the foundation, the forms are the building material, and the methods are the technology of this “construction.”

Theoretical methods of cognition are what is commonly called “cold reason.” A mind skilled in theoretical research. Why is that? Remember famous phrase Sherlock Holmes: “And from here on, please speak in as much detail as possible!” At the stage of this phrase and the subsequent story of Helen Stoner, the famous detective initiates the preliminary stage - sensory (empirical) knowledge.

By the way, this episode gives us the basis for comparing two degrees of knowledge: only primary (empirical) and primary together with secondary (theoretical). Conan Doyle does this through the images of his two main characters.

How does retired military doctor Watson react to the girl’s story? He gets fixated on the emotional stage, having decided in advance that the story of the unfortunate stepdaughter is caused by her unmotivated suspicion of her stepfather.

Two stages of the method of cognition

Helen Holmes listens to her speech in a completely different way. He first perceives verbal information by ear. However, the empirical information obtained in this way is not the final product for him; he needs it as raw material for subsequent intellectual processing.

Skillfully using theoretical methods of cognition in processing every grain of information received (none of which escaped his attention), the classic literary character seeks to resolve the mystery of the crime. Moreover, he applies theoretical methods with brilliance, with analytical sophistication that fascinates readers. With their help, internal hidden connections are found and the patterns that resolve the situation are determined.

What is the nature of theoretical methods of cognition

We deliberately turned to literary example. With his help, we hope our story began not impersonally.

It must be admitted that science is at its best modern level has become the main driving force of progress precisely thanks to its “toolkit” - research methods. All of them, as we have already mentioned, are divided into two large groups: empirical and theoretical. Common feature Both groups have a stated goal - true knowledge. They differ in their approach to knowledge. At the same time, scientists practicing empirical methods are called practitioners, and theoretical ones are called theorists.

Let us also note that often the results of empirical and theoretical studies do not coincide with each other. This is the reason for the existence of two groups of methods.

Empirical (from Greek word“empirios” - observation) are characterized by purposeful, organized perception, defined by the research task and subject area. In them, scientists use optimal forms of recording results.

The theoretical level of cognition is characterized by the processing of empirical information using data formalization techniques and specific information processing techniques.

For a scientist practicing theoretical methods of cognition, the ability to use creatively, as a tool in demand by the optimal method, is of paramount importance.

Empirical and theoretical methods have common generic characteristics:

fundamental role various forms thinking: concepts, theories, laws;
for any of the theoretical methods, the source of primary information is empirical knowledge;
in the future, the obtained data is subject to analytical processing using a special conceptual apparatus, information processing technology provided for them;
The goal for which theoretical methods of cognition are used is the synthesis of inferences and conclusions, the development of concepts and judgments as a result of which new knowledge is born.

Thus, at the primary stage of the process, the scientist receives sensory information using methods of empirical cognition:

observation (passive, non-interventional monitoring of phenomena and processes);
experiment (fixation of the process under artificially specified initial conditions);
measurements (determining the ratio of the determined parameter to a generally accepted standard);
comparison (associative perception of one process compared to another).

Theory as a result of knowledge

What kind of feedback coordinates the methods of theoretical and empirical level knowledge? Feedback when testing the truth of theories. At the theoretical stage, based on the received sensory information, it is formulated key problem. To resolve it, hypotheses are drawn up. The most optimal and well-developed ones develop into theories.

The reliability of a theory is checked by its compliance with objective facts (data of sensory knowledge) and scientific facts(reliable knowledge, tested many times before for truth.) For such adequacy, the selection of the optimal theoretical method of cognition is important. It is he who must ensure maximum compliance of the fragment being studied with objective reality and analytical presentation its results.

Concepts of method and theory. Their commonalities and differences

Properly chosen methods provide the “moment of truth” in knowledge: the development of a hypothesis into a theory. Having been updated, general scientific methods theoretical knowledge are filled with the necessary factual information precisely in the developed theory of knowledge, becoming its integral part.

If we artificially isolate such a perfectly working method from a ready-made, generally accepted theory, then, having examined it separately, we will find that it has acquired new properties.

On the one hand, it fills special knowledge(embracing the ideas of the current research), and on the other hand, it acquires common generic features of relatively homogeneous objects of study. This is precisely what expresses the dialectical relationship between the method and the theory of scientific knowledge.

The commonality of their nature is tested for relevance throughout the entire period of their existence. The first acquires the function of organizational regulation, prescribing to the scientist a formal procedure for manipulation to achieve the goals of the study. When used by a scientist, methods at the theoretical level of knowledge take the object of study beyond the existing previous theory.

The difference between method and theory is expressed in the fact that they represent different shapes knowledge of scientific knowledge.

If the second expresses the essence, laws of existence, conditions of development, internal connections of the object under study, then the first orients the researcher, dictating to him a “road map of knowledge”: requirements, principles of subject-transforming and cognitive activity.

It can be said in another way: theoretical methods of scientific knowledge are addressed directly to the researcher, regulating him accordingly thinking process, directing the process of acquiring new knowledge in the most rational direction.

Their importance in the development of science led to the creation of its separate industry, describing the theoretical tools of the researcher, called a methodology based on epistemological principles (epistemology is the science of knowledge).

List of theoretical methods of cognition

It is well known that the following variants of theoretical methods of cognition include:

modeling;
formalization;
analysis;
synthesis;
abstraction;
induction;
deduction;
idealization.

Of course, it is important to practical effectiveness Each of them is qualified as a scientist. A knowledgeable specialist, having analyzed the main methods of theoretical knowledge, will select the necessary one from their totality. It is he who will play a key role in the effectiveness of cognition itself.

Modeling method example

In March 1945, under the auspices of the Ballistic Laboratory (USAF), the operating principles of the PC were outlined. It was classic example scientific knowledge. A group of physicists, reinforced by the famous mathematician John von Neumann, took part in the research. A native of Hungary, he was the principal analyst for this study.

The above-mentioned scientist used the modeling method as a research tool.

Initially, all devices of the future PC - arithmetic-logical, memory, control device, input and output devices - existed verbally, in the form of axioms formulated by Neumann.

Empirical data physical research the mathematician put into form mathematical model. Subsequently, the researcher studied it, and not its prototype. Having received the result, Neumann “translated” it into the language of physics. By the way, the thought process demonstrated by the Hungarian made a great impression on the physicists themselves, as evidenced by their reviews.

Note that it would be more accurate to give this method the name “modeling and formalization.” It is not enough to create the model itself; it is equally important to formalize the internal connections of the object through a coding language. After all, this is exactly how a computer model should be interpreted.

Similar today computer modelling, which is produced using special mathematical programs, quite common. It is widely used in economics, physics, biology, automotive industry, and radio electronics.

Modern computer modeling

The computer simulation method involves the following steps:

definition of the modeled object, formalization of the installation for modeling;
drawing up a plan for computer experiments with the model;
analysis of the results.

There are simulation and analytical modeling. Modeling and formalization are a universal tool.

The simulation displays the functioning of the system when it sequentially executes huge amount elementary operations. Analytical modeling describes the nature of an object using differential control systems that have a solution that is displayed ideal condition object.

In addition to mathematics, they also distinguish:

conceptual modeling (through symbols, operations between them, and languages, formal or natural);
physical modeling (object and model - real objects or phenomena);
structural and functional (graphs, diagrams, tables are used as a model).

Abstraction

The abstraction method helps to understand the essence of the issue under study and resolve very complex tasks. It allows you to discard everything unimportant and focus on the fundamental details.

For example, if we turn to kinematics, it becomes obvious that researchers use this particular method. Thus, it was initially identified as primary, rectilinear and uniform movement (with such abstraction it was possible to isolate the basic parameters of movement: time, distance, speed.)

This method always involves some generalization.

By the way, the opposite theoretical method cognition is called concretization. Using it to study changes in speed, the researchers came up with a definition of acceleration.

Analogy

The analogy method is used to formulate fundamentally new ideas by finding analogues of phenomena or objects (in this case, analogues are both ideal and real objects that have an adequate correspondence to the phenomena or objects being studied.)

An example of the effective use of analogy can be well-known discoveries. Charles Darwin, taking as a basis the evolutionary concept of the struggle for the livelihood of the poor with the rich, created evolutionary theory. Niels Bohr, based on planetary structure solar system, substantiated the concept of the orbital structure of the atom. J. Maxwell and F. Huygens created the theory of wave electromagnetic oscillations, using, as an analogue, the theory of wave mechanical oscillations.

The analogy method becomes relevant if the following conditions are met:

as many essential features as possible should resemble each other;
a sufficiently large sample of known traits must be truly related to the unknown trait;
analogy should not be interpreted as identical similarity;
It is also necessary to consider the fundamental differences between the subject of study and its analogue.

Note that this method is most often and fruitfully used by economists.

Analysis - synthesis

Analysis and synthesis find their application both in scientific research and in ordinary mental activity.

The first is the process of mentally (most often) breaking down the object under study into its components for a more complete study of each of them. However, the analysis stage is followed by a synthesis stage, when the studied components are combined together. In this case, all properties identified during their analysis are taken into account and then their relationships and methods of communication are determined.

The integrated use of analysis and synthesis is characteristic of theoretical knowledge. It was these methods, in their unity and opposition, that the German philosopher Hegel laid as the basis for dialectics, which, in his words, “is the soul of all scientific knowledge.”

Induction and deduction

When the term “methods of analysis” is used, it most often refers to deduction and induction. These are logical methods.

Deduction presupposes a course of reasoning that follows from the general to the particular. It allows us to identify certain consequences from the general content of the hypothesis that can be substantiated empirically. Thus, deduction is characterized by the establishment of a common connection.

Sherlock Holmes, mentioned at the beginning of this article, very clearly justified his deductive method in the story “The Country of Crimson Clouds”: “Life is an endless connection of causes and effects. Therefore, we can understand it by examining one link after another.” Famous detective collected as much information as possible, choosing the most significant from many versions.

Continuing to characterize methods of analysis, let us characterize induction. This is the formulation of a general conclusion from a series of particulars (from the particular to the general.) A distinction is made between complete and incomplete induction. Complete induction is characterized by the development of a theory, while incomplete induction is characterized by the development of a hypothesis. The hypothesis, as is known, should be updated by proving it. Only after this does it become a theory. Induction, as a method of analysis, is widely used in philosophy, economics, medicine, and law.

Idealization

Often the theory of scientific knowledge uses ideal concepts that do not exist in reality. Researchers endow non-natural objects with special, limiting properties, which are possible only in “limiting” cases. Examples include a straight line, a material point, ideal gas. Thus, science distinguishes from objective world certain objects, completely amenable scientific description devoid of secondary properties.

The idealization method, in particular, was used by Galileo, who noticed that if you remove all external forces, affecting a moving object, it will continue to move indefinitely, rectilinearly and uniformly.

Thus, idealization makes it possible in theory to obtain a result that is unattainable in reality.

However, in reality, for this case, the researcher takes into account: the height of the falling object above sea level, the latitude of the point of impact, the impact of wind, air density, etc.

Training of methodological scientists as the most important task of education

Today, the role of universities in training specialists who are creatively proficient in the methods of empirical and theoretical knowledge is becoming obvious. At the same time, as evidenced by the experience of Stanford, Harvard, Yale and Columbia universities, they are assigned a leading role in the development latest technologies. Perhaps this is why their graduates are in demand in knowledge-intensive companies, specific gravity which has a constant tendency to increase.

An important role in the training of researchers is played by:

flexibility of the education program;
the opportunity for individual training for the most talented students capable of becoming promising young scientists.

At the same time, the specialization of people developing human knowledge in the field of IT, engineering, production, mathematical modeling presupposes the presence of teachers with up-to-date qualifications.

Conclusion

The examples of theoretical knowledge methods mentioned in the article provide general idea O creative work scientists. Their activity boils down to the formation of a scientific representation of the world.

It, in a narrower, special sense, consists in the skillful use of a certain scientific method.
The researcher summarizes empirical verified facts, puts forward and tests scientific hypotheses, and formulates a scientific theory that advances human knowledge from a statement of the known to an awareness of the previously unknown.

Sometimes the ability of scientists to use theoretical scientific methods is like magic. Even after centuries, no one doubts the genius of Leonardo da Vinci, Nikola Tesla, Albert Einstein.

Method is a way of knowing, studying natural phenomena and public life; it is a technique, method or course of action. General logical methods of cognition in science, the so-called general scientific, or general logical, methods and techniques of cognition are widely used. Among them are:

1. Analysis and synthesis. Analysis is the real or mental division of an object into its component parts. Synthesis - unification components into a single whole.

2. Abstraction - the process of abstraction from a number of properties and relations of the phenomenon being studied with the same identification of properties of interest to the researcher.

3. Idealization is a mental procedure associated with the formation of abstract (idealized) objects that are fundamentally unrealizable in reality (“point”, “ideal gas”, “absolutely black body" and so on.). Idealization is closely related to abstraction and thought experiments.

4. Induction and deduction. Induction is the movement of thought from the individual (experience, facts) to the general (their generalizations and conclusions). Deduction is the ascent of the process of cognition from the general to the individual.

5. Analogy (correspondence, similarity) – establishing similarities in certain aspects, properties and relationships between non-identical objects. Based on the identified similarities, an appropriate conclusion is drawn - an inference by analogy.

6. Modeling is a method of studying certain objects by reproducing their characteristics on another object - clothes, cat. represents an analogue of one or another fragment of reality (material or mental) - the original model.

There must be a known similarity between the model and the object of study in physical characteristics, structure, functions, etc. The forms of modeling are very diverse. For example, subject (physical) and symbolic. Important form Sign modeling is mathematical (computer) modeling. Some authors also include classification and a systematic approach as general logical research methods.

Theoretical methods of scientific knowledge

Theoretical knowledge is most fully and adequately expressed in thinking. Thinking is the process of a generalized and indirect reflection of reality, carried out in the course of practical activity and ensuring the disclosure of its main natural connections (based on sensory data) and their expression in a system of abstraction.

There are two levels of thinking

1. Reason is the ability to reason consistently and clearly, to construct one’s thoughts correctly, to clearly classify, and strictly systematize facts. Reason is ordinary everyday thinking, sound statements and evidence, paying primary attention to the form of knowledge, and not to its content

2. Reason (dialectical thinking) - highest level theoretical knowledge, creative manipulation of abstractions and conscious exploration of their own nature.

With the help of reason, a person comprehends the essence of things, their laws and contradictions. the main task mind - to unite the diverse, to identify the root causes and driving forces the phenomena being studied. The logic of reason is dialectical, presented as a doctrine of the formation and development of knowledge in the unity of its content and form. The development process includes the relationship between reason and mind and their mutual transitions from one to the other and vice versa. Important place in cognition - intuition. Intuition is divided into sensual and intellectual. Intuition is direct knowledge, cat. does not rely on logical proof. Cognition is associated with practice - material development public person environment, human interaction with material systems. Practice and knowledge, practice and theory are interconnected and influence each other. Their relationship contains a contradiction. The parties may be in agreement and harmony, but there may also be disharmony that reaches the point of conflict. Overcoming contradictions leads to the development of both theory and practice. Among scientific methods theoretical research There are formalization, oxyomotic method and hypothetico-deductive method.

Formalization– is a display of content knowledge in symbolic form (formalized language).

Axiomatic method- method of construction scientific theory, based on some initial provisions - axioms (postulates), from which all other statements of this theory are deduced in a purely logical way, through proof. To derive theorems from axioms (and in general some formulas from others), they formulate special rules output.

Hypothetico-deductive method- this is the creation of a system of deductively interconnected hypotheses, from which statements about empirical (experienced) facts are ultimately derived. (Deduction is the derivation of conclusions from hypotheses (premises), the true conclusion of which is unknown.) This means that the conclusion, the conclusion obtained on the basis of this method, will inevitably be only probabilistic.

Research hypothesis- it's scientific educated guess about the structure of the phenomenon being studied or about the nature of the connections between its components. Empirical cognition is characterized by fact-recording activity: Theoretical cognition is essential cognition carried out at the level of abstraction of high orders. Here the tools are concepts, categories, laws, hypotheses, etc.

Chapter 1. GENERAL CONCEPT OF THE METHOD OF COGNITION

Any science academic discipline have a certain method. A method is understood as a set of principles, rules, techniques scientific activity, used to obtain true knowledge, objectively reflecting reality. Methodology is the study of method, theoretical basis methods used in science to understand the material world.

The more advanced the methods for studying phenomena and the more such methods, the wider the possibilities of science. The fruitfulness of scientific research, the degree and depth of knowledge of reality largely depend on the methods used by researchers. The methods themselves are a product of creative, intellectual activity human, they are inextricably linked with the subject of study. The constant search for new research techniques, methods, methods ensures growth scientific knowledge

, deepening ideas about the inherent patterns of the subject.

The theory of state and law is not a collection of ready-made truths, canons or dogmas. This is a constantly developing, living science, in constant search. By updating and developing its methods of cognition, it is approaching the realization of its main purpose - to serve as a scientific guideline for state legal practice. So F. Bacon compared the method with a lantern illuminating the path of a scientist, believing that even a lame person walking along the road with a lantern will identify the one who is running in the dark without a road. The centuries-old world experience of state and legal development has given rise to numerous and diverse political and legal theories and doctrines. They all rely on various methods

Any theory, using its methods of cognition, brings grains of knowledge into the common treasury, allowing for a deeper and more complete understanding of certain aspects and facets of the phenomena being studied. Today, the most acceptable is a constructive-critical approach to the assessment and analysis of past and present state legal doctrines.

Today in our country there is freedom of choice of methods, methods, approaches to the study of state and law, pluralism of teachings and opinions, ideological diversity.

The methods of the theory of state and law are closely related to its subject. The latter answers the question of what theory studies, methods - how, in what ways it does it. The method is based on the subject of theory, because without theory, the method remains pointless, and science remains meaningless. In turn, only a theory armed with adequate methods can fulfill the tasks and functions facing it.

Theory and methods arise simultaneously, they are subject to similar requirements: not only the results, but also the path to them must be true. But theory and methods are not identical, cannot and should not replace each other.

The methodological basis of legal science is the materialistic theory of knowledge. According to this theory:

· things (object of knowledge) exist objectively, independently of the knowing subject, they are accessible to human knowledge;

· the only source of knowledge is sensations, which are images of objects in the external world;

· thinking differs from sensory cognition in that it is not direct, but mediated cognition as a process of abstraction, the formation of concepts and laws;

· thinking is objective because it is dialectical and follows the laws of logic;

· thinking is not only physiological and social, but also subjective, since it is carried out by the subject, since the external world is reflected in ideal, subjective forms of images, logical forms(concepts, judgments, conclusions);

· the subjective nature of thinking can serve as a source of errors and misconceptions;

· thinking is closely connected with language, language is the immediate reality of thought, language is a means of materializing the process and results of cognition;

· the method of cognition depends on the characteristics of the objects being cognized, the goals that are set in the course of cognition, and the conditions of cognition.

Chapter 2. PHILOSOPHICAL METHODS

2.1. Method of materialistic dialectics

According to the fair remark of the Serbian scientist R. Lukic,<<нельзя стать хорошим юристом, оставаясь лишь <<чистым>> a dialectician who does not have the knowledge necessary to apply the special methods inherent in law. However, one cannot become one even if one confines himself exclusively to special, purely professional methods and does not approach law from the standpoint of a more general, dialectical method>> .

The construction of the classical system of dialectics is associated with the name of the German philosopher G. W. F. Hegel. As an objective idealist, Hegel considered the primary world idea, mind, secondary - everything material that expresses this idea. The spiritual in this case is the creator of the surrounding world. Hegel gave a classic analysis of the philosophical pair categories: quality and quantity, cause and effect, chance and necessity. He formulated three basic laws of dialectics: the law of the transition of quantity into quality, the law of unity and struggle of opposites, the law of the negation of negation.

Marxism, having adopted Hegel's dialectics and the previous teachings of materialists, solved the problem of the relationship between matter and consciousness in favor of the primacy of matter and being. Matter and the surrounding world exist on their own, and not because they are reflected in human consciousness.

The method of materialist dialectics, combining the dialectical approach to knowledge of the surrounding world with its materialistic understanding, is the most effective way studying natural, social and mental processes.

When studying law, the method of materialist dialectics is manifested in the fact that the state and law are considered as phenomena that, firstly, are determined by human nature, socio-economic, political, spiritual and other conditions of society.

Secondly, they are most closely related to others social phenomena. It is difficult to find a sphere in society public relations, where the state and law would not manifest themselves. By correlating the state and law with other social phenomena, we can determine them character traits, role and place in society.

Thirdly, the state and law are constantly evolving. Every new stage V forward movement society is also a new stage in the development of the state and law. Gradual quantitative changes in the structure of the state, its functions, and legislation lead to qualitative transformations in the state legal system.

Each of the laws of dialectics manifests itself in any legal phenomenon or process. Thus, any legal norm, and especially the newly adopted one, reflects the unity and inconsistency of regulated social relations, coinciding and at the same time contradictory interests. It manifests itself when changes in social life, gradually accumulating, reach a new qualitative state and require a fundamentally different legal norm.

The main philosophical categories include such paired categories as the individual and the general, cause and effect, necessity and chance, content and form, essence and phenomenon, possibility and reality. For example, an analysis of lawmaking and law enforcement from the standpoint of the category of cause and effect shows that in relation to<<общественные отношения – норма права>> the former act as a cause, the latter as an effect.

Society and the state can and must be considered as a relationship between the general and the individual. This analysis leads us to the problem of interaction civil society and states.

The categories of necessity and chance, applied to the mechanism of the state, show the objective necessity of the separation of powers in the state as a means of mutual deterrence and control.

The frontal application of the method of materialist dialectics in the state-legal sphere formulated the leading direction in the theory of state and law - the philosophy of state and law. Moreover, the philosophy of law developed a long time ago, we are only talking about clarifying its subject; the problem of state philosophy is on the agenda today. The philosophy of the state has as its task the understanding of the essence, nature and purpose of such fundamental categories as power, state, civil society.

The method of materialist dialectics is used in legal sciences in combination with private methods.

2 .2. Idealistic approaches

Representatives of such a philosophical trend as idealism associate the existence of state and law either with objective reason (objective idealists), or with human consciousness, his experiences, subjective and conscious efforts (subjective idealists). Concentrating on the rejection of the dominance of the social over the spiritual, subjective idealists believe that it is not external social factors determine the development of the state and law, and the internal spiritual principle contained in the soul of the individual. Nowadays they have become widespread various options objective and subjective idealistic approaches to explaining state and law. These include pragmatism, intuitionism and the axiological approach.