Received 13.11.2024, Revised 13.12.2024, Accepted 19.12.2024
The pluralism of approaches to the content of legal science, through the categories of "object" and "subject", as one of the notable phenomena in jurisprudence, forms trends in the perception of the "object" and "subject" of legal regulation and their correlation. The first one is of a general theoretical nature, which is directly related to the pluralism of views on the existence of these categories. The second is the practical trend, which is expressed in mixing, identifying, substituting or replacing the concept of "object" with "subject" when describing legal structures in legal literature, scientific papers, and regulatory documents of sectoral law. The identification of the subject and object of the general theory of law leads to the identification of the methodological function of legal concepts and categories with the method of this science. The purpose of the study is to specify the specific features of "object" and "subject" in the general theory of law with an understanding of their correlation. Conclusions. 1) The subject matter of the general theory of law as an integral set (interdependent, complementary) of patterns and trends in the evolution of its object (formation (formation), development (change) and disappearance (decline)), which is embodied in legal doctrine and dogma, sustainable practice and reasonable forecasts; 2) Understanding of objective reality (phenomenon) is expedient from the point of view of its functionality, as such, which enables the researcher. And from this point of view, it is necessary to understand the essence of the object in a lesser sense as an "initial principle" (according to V. M. Syrykh), and in a greater sense as a "return point" in order to be able to purify it from false knowledge or even objective knowledge, to be able to perceive it from a different angle (to explore another facet); 3) The object of the general theory of law is directly law (the existence of law) and its natural praxeological aspects and indirectly empirical data of social relations (other social phenomena and processes), insofar as they determine the natural evolution of legal phenomena and processes: their formation (formation), development (change) and disappearance (decline); 4) The object and subject of the general theory of law are self-sufficient and should have separate positions as categories of science. At the same time, the object and subject of the general theory of law are interrelated, interdependent and interacting.
general theory of law, jurisprudence, jurisprudence, object, subject, essence of law, regularities, legal practice
https://doi.org/10.31359/1993-0909-2024-31-4-27
Retrieved from Journal NALSU №4, 2024 year
Pages 27-45