Методологические проблемы цивилистических исследований. Сборник научных статей. Ежегодник. Выпуск 2. 2017
Шрифт:
Выражаем также надежду на продолжение взаимовыгодного сотрудничества с нашим неизменным партнером – издательством «Статут», которому от имени всего авторского коллектива сборника мы выражаем признательность и благодарность за всемерную поддержку нашего научного мероприятия и за предоставленную возможность опубликовать научные статьи его участников.
Ответственные редакторы:
доктор юридических наук, заслуженный юрист РФ А.В. Габов
доктор юридических наук, профессор В.Г. Голубцов
доктор юридических наук, профессор О.А. Кузнецова
We would like to bring to your kind attention a collection of articles on the methodological aspects of the civil science which is published based on the results of the Perm Reading of the Methodological Problems of Civil Researches, held on May 20–21, 2016, at the premises of the Law Department of the Perm State National Research University within the framework of the events dedicated to the celebration of the 100th anniversary of the University 17 .
17
See the previous publication on the results of the Perm Reading on the Methodological Problems of the Civil Researches held in 2015: Methodological Problems of Civil Researches: Collection of Scientific Articles / Ed. in Ch. A.V. Gabov, V.G. Golubtsov, O.A. Kuznetsova. M.: Statut, 2016. 192 p.
This is not the first experience of the team-work at such a book with our partners from biggest Russian juridical publishing house “Statut”. Publishing a similar volume based on the results of the 2015 Perm Reading on Methodological Problems was the pilot project which (as judged by the feedback of the colleagues) turned to be successful and caused interest in the scientific community. We express our gratitude to the “Statut” publishing house for their help and support in the realization of this complex, largely innovative project.
In 2016, the Perm Reading on the Civil Methodology were held for the forth time. For the first time, we gathered on the Perm land in 2012, when Professor Mikhail Yurievich Chelyshev was alive. He was the person to introduce the idea of holding such events in Perm (Mikhail Yurievich worked together with the Business Law, Civil and Arbitration Procedure Chair of the Perm State University, was the Chair Professor). Like in all the previous years, our event was dedicated to the memory of Mikhail Yurievich – a friend of ours, our colleague, a famous civil scientist, a teacher, the popularizer and the organizer of deep civil researches, who made a prominent contribution to the development of the methodological aspects of the civil science.
Our mutual idea is alive and developing. In 2015, the event got a status of the satellite project of the Perm Congress of the Law Scientists, since 2015 the “Statut” publishing house is a permanent partner of our scientific platform.
Starting from this year, the Perm Reading on the Methodological problems of the Civil Researches are organized jointly with the Kazan (Privolzhsky) Federal University, where Mikhail Yurievich was the Head of the Civil and Business Law Chair.
All that allowed to reach the desired purpose: to develop the project, to try to bring the results of the performed scientific discussion to the wide range of the juridical community, and what is more important – to involve prominent, unindifferent, interested people to the project realization – our colleagues, who enthusiastically supported the started dispute on the methodological problems. This, beyond all doubt, has a permanent importance for the development of science in general and the civil science in particular.
The scientific results of the first, the second and the third readings held correspondingly in 2013, 2014, 2015, were published in magazine “Perm University Herald. Juridical Sciences” (2013. # 4; 2014. # 4; 2015. # 3 (http:// www.jurvestnik.psu.ru)).
The principal purpose of the organizers and the partners of the Perm readings, and of the publishers of this book – is intensifying the interest for the civil methodological problematics, especially on the part of the young researchers and postgraduates seeking for the scientific degrees. We totally share the opinion that “a person not armoured methodologically, proceeds by trial and error” 18 . Observation of the methodological principles in civil researches can structure the scientific activity, lead to gaining the best scientific result using the minimum amount of means.
18
Ushakov A.A. General Notion of Methodology // Methodology of Soviet Legal Science: Inter-University Collection of Scientific Works. Sverdlovsk, 1978. Issue 70. P. 27.
R. Jhering called such an observation the “law of economy” and saw “one of the life laws of any jurisprudence” in it: “The jurisprudence that has not understood this law, i.e. the jurisprudence that is not capable of economic treatment of the material, will be pressed with the growing mass of the latter and will die of its own richness” 19 . The most important task of the of the methodologists of the civil science is to avoid its destruction by the tons of the graphomaniac preudoscientific literature, the authors of which do not fully understand what they study, how they study, what they study it for, and in which aspect they study it.
19
Jhering R. von. Legal Engineering / Content by A.V. Polyakov. M.: Statut, 2008. P. 38.
Any science needs self-reflection, the development of knowledge about itself. The continuation of the investigation performed in the Soviet period by the O.S. Ioffe on the logics of the civil law thinking 20 development would be extremely useful for the civil science studies. Such a work based on the post-Soviet civil law material is of great interest and can show the directions of the further research. This is because the scientist looks at the researched phenomenon through the prism of the scientific knowledge existing at the present moment.
20
Ioffe O.S. Development of the Civil Thought in the USSR: in two volumes. L.: Тhe Publishing House of the Leningrad University, 1975 (part 1), 1978 (part 2).
Every meaningful, productive research of the legal phenomena, including those of the civil law character, should start with establishing the methodological principles and frames of work. That is why, the researches should first of all be taught to use different methods of cognition and be equipped with the methodological tools.
The question about what the scientific methodology is, is a complicated question not only for the civilians but also for the methodologists of the science, for the philosophers and the theorists of the law. But the general scientific complexity of the problem should not lead to avoiding it in the specific sciences.
At present, the situation is created in the sphere of the civil law researches, when the methodology, in a manner of speaking, “takes a revenge” over the civil science: the full ignoring of the methodological aspects of the scientific research, the lack of understanding of the essence and the meaning of the methodology, the failure to use the system of the general and the specific scientific cognition methods leads to the diluting the very core of the science, to the intensive multiplication of the scientific “plankton”, to the research of the civil “chimeras” instead of the really existing problems. N.A. Vlasenko rightly characterized the state of the modern scientific thought as the “circulation of the muddy water” 21 . It is a pity this characteristic is applicable to many scientific researches being performed.
21
Vlasenko N.A. About the Crisis Tendencies in Law // Juridical Techniques: Annual. # 8 “Democratization of the Law-Making: Doctrine, Practice. Technique”. Nizhniy Novgorod, 2014. P. 45.