Metodologijos ir metodo samprata
The Concept of Methodology and Method

Summary/Abstract: This article starts from the interpretation of the conception of the methodology. Different authors methodology understand in different ways. Firstly, methodology is explained as a science of methods and the relationship between them. Secondly, methodology is understood as technique. Thirdly, methodology is a science of the activity organization. Fourthly, methodology is understood as a justification of scientific research, i.e. correctly formed topic, hypothesis, and so on. The second chapter analyses the scientific method. There is disclosed its concept, significance, features (such as objective, development, subjective, axiological, complexity), as well as its structure (characterized by the following elements: manner, instrument, operation, procedure, approach). Each of these concepts has a different meaning, so in order to understand what method means, it is necessary to understand the essence of these concepts. Approach of method depends on its object and the stage of the scientific research. Sometimes the concept of methodology is used as a technique or even as a method. Therefore, it is necessary to clearly define how these concepts should be used. The methodology is understood as the science which justifies the theory of methods and describes it. Technique is a procedure used to accomplish a specific activity or task which helps to achieve the desired result in advance. Method is the manner to recognize and reconstruct the reality. Both the methodology and the technique consist of methods. The third chapter analyses the application of the method in jurisprudence discusses. The progress of jurisprudence was determined by application of dogmatic method (in the positivist concept of law), but today it is determined by dialectical materialistic (complex) method (in the non-positivist concept of law). Dogmatic method, basing only on formal logic, analyses the processes of cognitive at the level of the abstract thinking; the conclusions necessarily follow from the assumptions. However, the conformity of the assumptions and conclusions to the reality remains outside the object of logic. Dialectical materialist method is characterized by the formation of general principles which are the base for developing a new theory. In addition to this, this method uses formal logic. The absolutize of dogmatic method makes the law become the servant of policy and the dialectical materialist method offers policies to serve the law.

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