The dissertation is devoted to the research of the role of theoretical legal science as a doctrinal basis of legal ideology.
The dissertation research defines a modern view of theoretical jurisprudence, taking into account the current possibilities of rethinking the legal reality and ideology of law on individual conceptual solutions and constructions in their general system, taking into account modern transformations of the nature of law and socio-political system.
The author’s definition of the concept of «theoretical legal science» as a system of knowledge about legal reality, form of legal communication, modalities of legal processes and phenomena is offered.
The dissertation contains the author’s substantiation devoted to theoretical ideas on historical development and progress of theoretical legal science in modern society, which can be achieved only on the way of development and improvement of those methods of scientific knowledge which were created by this science in the past and checked by legal practice. And the main criterion of any of these approaches to the study of the history of legal science is progress as a form of directed historical change in the development of legal science, regression and irreversible qualitative changes within the same level of science in one plane.
The dissertation offers a study of the theoretical nature legal science, through an understanding of its essence and content, covering a set of components that provide a system of scientific knowledge, skills, abilities. It is determined that the modern understanding of these categories «essence» and «content» of theoretical legal science includes: a) theoretical basis as a scientific and theoretical basis, a conceptual system of knowledge that reflects the relevant field; b) practical basis as an organizational and practical activity and accumulated experience in the legal field; c) methodological basis as a way of organizing the cognitive process using certain principles, techniques, methods and tools.
The author proposes ways to increase the effectiveness of the scientific basis of legal ideology, including: a) effective promotion of a positive solution to a key contradiction in science of the current stage of existence and development of legal ideology as opposed to its denial; b) requires a wide range of legal, philosophical, sociological, economic and other studies of the phenomenon of legal ideology and its impact on everyday life in society; c) using the experience of existing historically balanced research to study the content, structure, dynamics of change, the usefulness of the scientific basis of legal ideology as a legal category; d) the accuracy of the stated goal, ideals, values for man in legal ideology.
Special attention in the dissertation is paid to research understanding of legal ideology in terms of theoretical jurisprudence as a set of scientific theories, doctrines and concepts that are its constituent elements, whose role is in its formation, namely: a) scientific theory as an element of legal ideology is a system of legal knowledge that generalizes and explains the information contained in the legal theory itself; b) scientific doctrine determines the basic principles of formation of the legal ideology of society, as it is part of the social environment and interacts with other factors (cultural, economic, social, political); c) the scientific concept as an element of legal ideology plays the role of a program, a project, which in one case presents the purpose, plan and forecasts of certain actions, and in another are acts, repertoires of image. The concepts of legal ideology are designed to form a holistic view of the object of study and to reveal the meaning of legal knowledge. The specificity of legal ideology from the point of view of theoretical legal science, which occupies an intermediate place between its empirical and scientific levels, is determined. Doctrine, as an element of legal ideology, plays a role within the conceptual and theoretical level of existence of legal ideology, which is a necessary prerequisite for the formation of social and legal consciousness.
