The article is concerned with recognition of the binding essence of the legal doctrine as a problem of juridical methodology. The author proves that rejection of the binding essence of the legal doctrine is to a great extent determined by the positivistic pattern of law which arouses appreciable objections of the conceptual and the empirical character. The aim of the article is to demonstrate that 1) the legal doctrine is characterized by a specific binding effect as well as 2) to clear up the main discourses in the discussion and 3) to show the vulnerable spots in argumentation of the opponents of the binding essence of the legal doctrine. The research is being carried out in the prospects of the factors determining our concept of the binding essence of law: the mechanism of formation of law, the sources of the binding essence of law, understanding (ontology) of law and the semantics of the term «binding». It is emphasized that the opponents of the legal essence of the legal doctrine who refer to
the positivistic concept leaning onto the formal characteristics of law use argumentation of the formal procedural type. However, argumentation of procedural appropriateness does not meet the needs of the modern non-classical approaches to law that put forward value-based criteria. The article provides criticism of the main arguments of those who reject the binding essence of the legal doctrine: the volitional theory of the state which serves them as the platform of ideas and the foundations of the binding essence of law they usually use, such as coercion, legality and legitimacy. It is ascertained that the alternative strategy of argumentation of the binding essence of law is the authority which is paid very insufficient attention in the national science. Western juridical science homologates the authority and the binding essence (normalization) of law, whereas in our science there is a dissonance of meanings: in some cases they are synonyms; but usually they differ or even antedated. It is the authority that, in the author's view, is the promising strategy of argumentation of the legal doctrine. The author emphasizes dependence of argumentation of the binding essence of the legal doctrine on understanding of law: the farther it is from positivism the nearer recognition of the binding essence of the legal doctrine is. In the author's view, the legal doctrine possesses specific binding essence which differs from binding essence as a usual juridical term. It is binding essence in the meaning of the leading
but not the peremptory factor which is capable of causing the feeling of rationally accepted necessity rather than coerced necessity. The source of the binding essence of the legal doctrine is found in the authority as manifestation of the principle of its internal mind. It is expedient to carry out further research of the problem on the platform of ideology of post-modernism in the context of the concept of authority.
Keywords: legal doctrine, methodology, binding essence, juridical positivism