IDEAS home Printed from https://ideas.repec.org/a/nwe/natrud/y2018i5p257-293.html
   My bibliography  Save this article

Prolegomena to a Future Legal Methodology and to a Non-Sacred Legal Theory

Author

Listed:
  • Viktor Ivanov

    () (University of National and World Economy, Sofia, Bulgaria)

Abstract

The title of the study is a paraphrase of Kant's work „Prolegomena to any Future Metaphysics (Prolegomena zu einer jeden kunftigen Metaphysik)“ The study sets out and defends the understanding that only the Legal Methodology derived from the integral development of scientific knowledge and which is based on the general methodology of science as a subject of management of the system-based scientific knowledge manifesting itself in its static, as well as in its dynamic form, as a continuous process of growth of the conceptual apparatus of science and the multiplication and deepening of scientific hypotheses and theories, and only such a legal methodology will meet the high modern requirements for a scientific methodology. On the other hand, the formation of a modern legal methodology, which is a product of the New Age Cultural Paradigm (NACP), will inevitably lead to reformatting of legal theory and to the construction of a new Non-sacred legal theory (and theory of the state). The Non-sacred legal theory must have the following characteristics: to be critically rational, anti-dogmatic, anti-apologetic, synthetically-encyclopedic, non-sacred (non-bewitched, disenchantment, non-fetishizing, Entzauberung) and paradoxical in its logical structure, but aiming for exquisitely non-contradictory presentation and expression. For the creation of such a legal theory, the author relies upon the drawn up by the author basic law of the KPNV - the Law for the Expanded Reproduction of the Theoretical Knowledge (Law for Extended Reproduction of Critical-Rational Notion Systems, which reveals the processes of reproduction of scientific knowledge, processes which in their essence are non-sacred (anti-fetishizing, non-bewitched) processes of rational and critical understanding of reality.

Suggested Citation

  • Viktor Ivanov, 2018. "Prolegomena to a Future Legal Methodology and to a Non-Sacred Legal Theory," Nauchni trudove, University of National and World Economy, Sofia, Bulgaria, issue 5, pages 257-293, December.
  • Handle: RePEc:nwe:natrud:y:2018:i:5:p:257-293
    as

    Download full text from publisher

    File URL: http://unwe-research-papers.org/bg/journalissues/article/10042
    Download Restriction: no

    More about this item

    Keywords

    methodology of science; legal methodology; cultural paradigm; New Time; non-sacred theory; logically-methodological core;

    JEL classification:

    • K1 - Law and Economics - - Basic Areas of Law
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:nwe:natrud:y:2018:i:5:p:257-293. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Vanya Lazarova). General contact details of provider: http://edirc.repec.org/data/unweebg.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.