professor (em.) at the Aarhus University (the Kingdom of Denmark), doctor of law
Nordre Ringgade 1, 8000 Aarhus C
In the article the author formulates the main tasks of the legal science. He describes and enumerates various aspects of the scientific activities in the sphere of jurisprudence. The author asks the questions of what the law is and who is personally responsible for the legal researching. Composing the answers to his own questions, the author underlines, that the unified approach to the understanding of law how it is and to the methods, forms, ways and facilities, used while undertaking legal exploring and studies, should be refused. Besides this the author makes a statement, that the objectivity of the legal science and its being in a great social demand are directly depended upon the common people`s participation in the law making process. The author makes a true conclusion, that law, as a social phenomenon and public regulator, is completely and fundamentally based on traditions, habits, customs, culture and tenor of social life, which is law creator. The Scandinavian countries are shown by the author as an above said example, providing the active participation of the common inhabitants in the law making procedures there. The author expresses his own viewpoint, concerning the realization of the conception, aimed at the democratic, social and legal state maintaining procedure. In the article it is shown, that it can be fulfilled only through the rational, reasonably self - sufficing and conscientious law making. Further on the author displays the arguments, providing the existence of the mutual dependence between the appropriately effected law making and the properly ensured state and social interactivity promotion. The article also presents the correlation between the different and various criteria, implemented for the public law research and for the private law studies. Then the author makes a reader pay attention to the necessity to elaborate a real rank and a succession of the undertaken legal scientific research ventures in the sphere of law, in order to learn a human being first and only then to study a society but not on the contrary. At the same time it is very important to determine a subject, an object, the matter, the tasks, the goals, the facilities, a method and a way of scientific analytic research in learning law. It is also mentioned, that it is of a vital importance how to correlate and to consider the difference between the status and the development of legal theory on one hand and the legal practice on the other hand. The author is sure, that nowadays the convergence of the democratic and the autocratic methods, facilities, forms and ways of state governing should become one of the most substantial matters of the scientific research in the field of law. The author is persisting on his proposal of the obligatory usage of the potential of the other, contiguous to the legal one, adjacent sciences in order to obtain the most magnificent effect on the way to understanding law. At the very end of the article, while installing his inferences, the author describes his recommendations, targeted at the perfection of the scientific legal research activity quality, at the professional legal application level heightening and at the provision of the scholars` and of the legal practitioners` choice of the most optimal ways of approbation the results of the scientific research ventures, obtained by them. Particularly the author suggests promulgating these results done in the concrete determined forms, such as: through incorporating them into the process of teaching at the legal high schools, by a thorough selection of the informational resources for scientific analysis, by elaborating the criteria of the scientific research activities’ quality estimation and by combining the usage of the normative and functional approach to understanding the destination and the role of law.
Keywords: quality, jurisprudence, science, scholar, law, functional, approach, studies, experience, task, society, manifestation, concept, model, knowledge, source, substance matter, evaluation, criteria, result, independence, creativity, terminology, references, presentation.