Rule of law and legal pragmatism as scientific methods of research

The article analyzes a new legal problem of a methodological character. On the grounds of the Venice document «Rule of Law Checklist» and the corresponding revision by Ukrainian specialists, adapted to the needs of the domestic legal system – Rule of law Checklist at national level: case of Ukraine, justified possibility and necessity of applying the rule of law and legal pragmatism as scientific methods of research. The concept of «pragmatism» is revealed. The definition of the method of legal pragmatism is formulated – this is the way to scientific knowledge (method, procedure) of legal issues, which paves on the grounds a notion about the occurrence of possible consequences because of deciding (or already decided) concrete decisions in legislation, legal practice or doctrine; with a purpose to verify such decisions involves their analysis and modeling of relevant situations taking into account real normative experience, state formation, established theoretical provisions; serves for selecting the optimal, most profitable options of the socially useful actions for a normal functioning of a legal system of a state according to requirements of the rule of law. It is asserted that there is a close relationship between the rule of law and legal pragmatism, they can reliably serve for the research works in the field of state formation and jurisprudence. It is emphasized that the rule of law is primary and legal pragmatism is secondary in this pair of scientific research methods. By analyzing the relevant legal practice, the effectiveness of the analyzed methodological tools is illustrated. The purpose of the article is to establish the real existence and potential of such scientific methods of research as the rule of law and legal pragmatism which reveal the particular effectiveness of their application in synergy.

rule of law, legal pragmatism, methods of research