Methodology of facticity in general theory of law and some inconvenient questions thereto

The article presents research of the problems arising under methodology national general theory law. arise dominance empirical and naturalistic scientific tools whose cognitive ideal lies in rationality, bringing knowledge out scope facts perceived via experience. An example this juridical studies is “needs-based” approach presented by P. M. Rabinovych, a famous theoretician. It emphasized that facticity has some typical drawbacks highlight part goal present work along with justification underestimated possibilities idealistic methodology. needs-based Rabinovych outcome variation more methodological concepts theories character. describes thereof, particular interpretation socio-political reality as facticity, rejection priori irrational fundamentals phenomena state law well inability to resolve main moral consciousness ethical philosophy. defines boundaries empiric methods’ based on methods techniques rationality. field phenomena, i.e. morally obligatory, which also constituted value-necessitated ones, rationality preaching values-neutral becomes incapacitated. Therefore, it impossible rationalize social sciences fullest extent. This drawback can be eliminated opposite character resulting from acceptance Among these are teachings unbiased character, such Christian idealism or biased existentialism, dynamics law, temporal communicative author makes conclusion development those promising strategy for further aimed at eliminating facticity.