Legal Study as an instrument of social development

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KOCHYN Volodymyr, Director of KILMET, Candidate of Sciences of Law (Ph.D.), Senior Researcher

Crafty men contemn studies, simple men admire them, and wise men use them; for they teach not their own use; but that is a wisdom without them, and above them, won by observation.
The Works of Francis Bacon, Volume 1, Essays (1884).
URL: https://en.wikisource.org/wiki/The_Works_of_Francis_Bacon/Volume_1/Essays/Of_Studies.

І. Science as a way of understanding objective reality
In the process of any cognition, the researcher seeks to single out the objects and subjects of study, and to determine how they interact with one another and influence—or are influenced by—human beings.
Ludwig Wittgenstein1 asserted that the totality of facts determines everything that happens, as well as everything that does not happen [1, p. 7]. He also noted: “it is held that God created everything except what contradicts the laws of logic; thus, the truth is that we cannot know what an ‘illogical world’ looks like” [1, p. 17]. Consequently, the “objectivity” of our world is logical, provided it is not refuted by new knowledge.
In a general sense, science aims to describe and explain the world in all its diversity. The modern classification of research based on its object (or subject matter) allows for a broad distinction between the natural sciences (which study nature), the social sciences (which study societal interactions), and the humanities (which study the human being as a social, spiritual, and cultural entity)2.
The goal of scientific research is to establish true knowledge. Science is considered “exact” because every research result must be empirically verified for truth. Achieving such exactness is difficult in legal study. Precision in law does not take the form of mathematical formulas; instead, it consists of logical consistency, systemic argumentation, and successful verification through legal practice.

ІІ. Law in the System of Societal (Social) Sciences
Modern legal scholarship examines the regulation of social relations, particularly the characteristics of the factors that form rules of human conduct. Law is traditionally associated with philosophy – reflecting a specific worldview that inevitably depends on the individual researcher—while the “applied” component of legal research consists of the relevant norm of understood law or a model of behaviour.
Science is a holistic phenomenon intended to explain every manifestation of the existing world (an “ideal theory of everything”); therefore, legal study cannot be isolated from other phenomena (at least those of a social or societal nature). This enables the identification of various approaches to studying law as a phenomenon – for instance, by examining the influence exerted upon it by innate human traits, sociological characteristics, cultural factors, and other aspects.
A challenge inherent in legal research is that it involves the human understanding of rules of conduct established – or at least codified in writing, as seen with sacred texts – by humans themselves. Consequently, the objectivity of legal research findings is subject to constant criticism. Moreover, if an unjust legal act is enacted, society (including the business community or the “third sector”) will resist it, whether through lawful means or by way of “rebellion”. Accordingly, a distinction must be drawn between LAW – an objective embodiment of justice that is to be comprehended – and STATUTE (or legislation) – a lawmaker’s attempt to articulate justice, which may succeed or fail.

 Ayn Rand. Atlas Shrugged [from: Айн Ренд. Атлант Розправив плечі. Частина друга. Або – або / пер. з англ. Софія Андрухович. 9-те вид. К.: Наш Формат, 2021. С. 123.]:
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against — then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted — and you create a nation of law-breakers — and then you cash in on guilt. Now that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”

The modern understanding of law is based on the premise that law is an objective phenomenon embodying concepts of good and justice – concepts that legislators may fail to implement properly. Law is not created but discovered. Sir Isaac Newton did not create the laws of physics; he discovered them. Thus, the “art” of scientific inquiry lies in the elegant judgment – or formula – that most accurately describes a phenomenon. Knowledge of the laws of nature enables the realization of diverse undertakings, ranging from slinging a stone to landing on the Moon. The difference is that the laws of nature cannot be violated – unless, of course, you are Baron Münchhausen. Violating a statute entails juridical consequences, specifically the imposition of liability. At the same time, a statute may conflict with the law itself.

ІІІ. Interaction of Doctrine and Practice
Every theory must withstand the test of objectivity. Given the nature of law, theories are subject to change; consequently, identifying axiomatic postulates is difficult due to the dynamic nature of knowledge.
Currently, the primary methodological approach involves the study of law and the understanding of the legitimate purpose of legal regulation. The overarching goal of the law is to establish appropriate rules for human interaction – rules we propose examining through the interplay of the three pillars of a sustainable society: public authority, the business sector, and civil society.
Theory is realized and validated through practice – specifically, through the results of applying legal norms – while practice, in turn, serves as a source of empirical evidence and can indirectly influence theory (a matter of impartial critique). Consequently, legal doctrine should serve as a benchmark for the practical implementation of rules governing social interaction, which may be subject to varying legal regimes..

IV. The Significance of Law
The establishment of appropriate regulatory frameworks entails recognizing certain phenomena (such as the fundamental nature of human rights) and instituting models for the exercise and protection of subjective rights (utilizing various legal instruments). Consequently, the same phenomenon may be regulated and protected differently across various legal systems. Law enforcement practice makes it possible to evaluate the quality of a legal norm – a norm that primarily impacts the individual, as well as civil society and the business community.

CONCLUSION
Law is an objective phenomenon; therefore, a statute can be “non-legal” – that is, deviating from the law. A regulatory act that contradicts a statute is unlawful. These are distinct flaws, yet both are revealed through comparison with a higher standard.

The Kyiv Institute of Legal Methodology of Economic Transformations (KILMET) aims to understand the law and its impact on economic relations, evaluate the effectiveness of legislation, forecast its influence on social life, and propose methodologically sound solutions capable of implementing changes demanded by the times and emerging challenges. These changes do not create law; rather, they align statutes and regulations more closely with the law as understood.

Literature

1. Wittgenstein L. Logical-Philosophical Treatise [Lohiko-filosofskyi traktat]. Kyiv: Arii, 2025. 128 p. (in Ukrainian).


  1. Ludwig Josef Johann Wittgenstein (26 April 1889 – 29 April 1951) was an Austro-British philosopher who worked in logic, philosophy of mathematics, philosophy of mind, and philosophy of language ↩︎
  2. It is also worth noting that the Frascati Manual [Guidelines for Collecting and Reporting Data on Research and Experimental Development — an international standard of the Organisation for Economic Co-operation and Development (OECD) containing recommendations on the collection, reporting, and use of data on research and development] classifies research and development fields into: 1. Natural sciences; 2. Engineering and technology; 3. Medical and health sciences; 4. Agricultural and veterinary sciences; 5. Social sciences; 6. Humanities and the arts. ↩︎

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