Reception as a Method of Research in the Theory of Law

Abstract

The article analyzes the problem of defining the method of reception at different levels: in a general philosophical sense, in historical and philosophical practice, in humanitarian knowledge, in research of a legal nature. Issues of unconscious aspects of reception, which belong to the field of psychological research, are separately mentioned. As well as artistic and literary, household reception.

The article is focused on the work and experience of Ukrainian researchers, in particular the Odessa school, which systematized the problem of the reception of Roman law. However, attention is drawn to the importance of distinguishing between reception as a method and reception of individual branches of legal research. In this sense, attention is drawn to the philosophical and logical principles of the reception method, the material of the relevant dictionaries and the algorithm of Vitaly Terletskyi are used for the implementation of historical-philosophical research. Due to the fact that reception has a cross-disciplinary nature, its adequate scientific use is associated with knowledge and skills of applying the method of analogy and the procedure of traduction. The article emphasizes the need to distinguish narrow-logical, general-philosophical and heuristic aspects of the use of these methods.

As the highest, limit manifestation of philosophical ideas, the religious and spiritual perspective is mentioned in the study. The method of reception in this sense is related to an appeal to a certain reference model. However, such an orientation should be combined with caution regarding the undesirability of re-evaluating the sample, the inadmissibility of creating an "idol" from it. In particular, the reception of legal norms of other eras and states should enrich the national tradition, but not subordinate it to the requirements of a foreign culture.