<<
>>

§ 5. The economic analysis of the right in system of interdisciplinary researches

As it has been shown in the previous paragraph, the tendency mezhdistsiplinarnosti modern socially-social researches integrally follows from branch specialisation and differentiation of scientific knowledge.

At work on a joint of several sciences (for example, economy and the rights) on the foreground leave such concepts, as «interdisciplinary interaction» and «interdisciplinary research».

The concept of "interdisciplinary interaction» has more likely ontologic character, is used in naukovedenii for the description of relations in a science as social institute. Interdisciplinary interaction is an interaction which varies from a simple exchange of ideas before mutual integration of the whole concepts, metodology, procedures, epistemology, terminology, the given organisations of research and educational activity in some rather wide области1. Allocate vertical interactions (between various "floors" within the limits of one scientific direction) and horizontal interactions (between various scientific directions) [212 [213].

Interdisciplinary research - epistemologicheskoe the concept used for the description of features of informative process as process of communications between subjects, both creating scientific knowledge, and learning it. By means of carrying out of interdisciplinary research such problems, as can be solved:

• the analysis of system of theoretical knowledge already available in some scientific discipline, its dynamics and historical features;

• search of methodological means and receptions with which help the subject of studying concerning the object can be defined, the developed which theoretical description is absent by the current moment.

Hence, a starting point for realisation of interdisciplinary research is uncertainty presence about the relevancy of available empirical data and scientific knowledge to prospective object of studying. And uncertainty of the specified fundamental question necessarily should be formulated as a special problem, that is even prior to the beginning of research by scientist it is necessary to generate a concrete set of primary data on object of studying with which they are going to allocate from all scientific data available at their order. Only in the presence of such initial situation it makes sense to speak about necessity of interdisciplinary research.

With reference to the economic analysis the similar situation was right is generated, when in second half of XX-th century within the limits of the economic theory the sufficient luggage of knowledge has been saved up. First of all it is a question of development of the theory of the rational choice postulating economic determinancy of behaviour of the rational individual in any sphere of its behaviour. The width of such hypothesis allows to assume dashing about, that the sounded law remains and with reference to legally significant behaviour which is coming under to legal regulation, concerning a subject of studying of jurisprudence. In such situation, in our opinion, occurrence of interdisciplinary researches of the right, the legal regulation mechanism (a jurisprudence subject) for check of the hypothesis which have been put forward by the economic theory (an economy subject), is quite logical and proved. However at observance of initial preconditions of carrying out of interdisciplinary researches it is necessary to understand, there are various types of a similar sort of researches on which correct definition direct the result of all work depends.

trehzvennaja the typology of interdisciplinary researches is offered by Z.Piazhe [214] who for the first time have visually shown essential differences multidistsi - linarnyh researches in which frameworks there is more likely an addition of one discipline another, from interdisciplinary researches at which interaction of disciplines equal in rights takes place. Independently there are transdisciplinary researches in which result construction of new integrated structures is carried out.

Subsequently Z.Piazhe's ideas have received development in I.T.Kasavina's [215] works, the deep French scientist who has comprehended classification. So, from the point of view of I.T.Kasavina, to each type of interdisciplinary research there corresponds the special system of knowledge received as a result in which the unique features and characteristics are inherent:

• for multidisciplinary systems of knowledge (for example, biophysics, physical chemistry, geobotany, social semiotics, the general theory of social communications, etc.) use ontologii and methods of one discipline for work in other discipline (or group of disciplines) is characteristic. In this case accurate interdisciplinary borders naturally remain. Feature of similar systems of knowledge is that distinction of subjects, methods and results of co-operating disciplines is for them success compulsory condition. In an opposite case, relative advantages of multidisciplinary system are lost. As an example it is possible to result morphology of layers in geology, on the one hand, and regional distribution of flora in the paleobotanist, with another, - objects of research of the independent disciplines which connection allows to specify evolution of geological adjournment within the limits of geobotany;

• for interdisciplinary systems of knowledge (for example, space researches, regional geography, naukovedenie, political science) association of several scientific disciplines for creation by the person new ontologii and methods of work with its objects is characteristic. Feature is deleting of accurate lines of demarcation and interdisciplinary borders, convergence of scientific knowledge. As an example similar mezhdisitsplinarnyh systems it is possible to result such disciplines, as regional geography or the international relations in which frameworks geography, the sociology, economy, civil history, linguistics, a cultural history, a political science organically supplement each other, creating thus a special new field;

• transdisciplinary systems of knowledge (the theory of systems, the self-organising theory, the information theory, the theory of accidents etc.) - put forward claims for absolute universality ontologii and methods which here completely lose the disciplinary definiteness. Interdisciplinary borders for transdisciplinary systems are absent or are ignored. As a rule, such theories result from generalisation of the several disciplinary representations received, for example, within the limits of biology, chemistry, mathematics. Then these general representations stand apart from the sources and start to develop on an own theoretical basis which as empirical check starts to be used in all new and new scientific disciplines.

The jurisprudence traditionally applies for a rank isolated, completely the independent humanity, gravitating in this sense to fundamentalist representations. Legal the dogmatic person is put a problem by right studying from within, deduces it from itself, showing in this sense an example full mo - nodistsiplinarnosti. Probably, such isolated position of jurisprudence on continent during any historical period was forced, caused by attempt of isolation from oppression of religious knowledge. It is possible to consider as quintessence of monodisciplinary jurisprudence G.Kelzena's pure doctrine about the right with its basic idea about the basic norm [216].

It is interesting, that as a result of prevalence legal dogmatic persons in continental Europe here has developed also special internalistsky type of the argument judicial and pravoprimenitelnyh certificates in which frameworks references only on sources of law in formal sense (basically are supposed, these are laws). Legal arguments are supposed only, that quite there corresponds to spirit of "paradise of legal concepts» (R.F.Iering). In the countries of the Anglo-Saxon right other type of the argument - eksternalistskaja the argument supposing the references and on philosophy Bentama, and as we were already convinced, on theorem Kouza, and also the social interests which yet have been not fixed in the law prospers essentially. That fact is interesting, that the European court under human rights has chosen for the work eksternalistsky type of the argument [217], that, probably, and does it so politically inconvenient for some governments.

However even the continental jurisprudence uses elements mezhdistsiplinarnosti all types named I.T.Kasavinym. Multidisciplinary studying of the right from positions of other scientific disciplines is characteristic for legal philosophy, right sociology etc. Formation of new interdisciplinary scientific knowledge as a result of interaction of jurisprudence and other scientific disciplines has led to occurrence of legal psychology, legal linguistics etc. There are examples and the transdisciplinary systems which have incorporated laws, revealed within the limits of jurisprudence. So, at studying of criminality or complex studying of the city environment new hybrid fields mezhdistsiplinarnosti are created, importance of a legal component in which does not cause doubts.

The economic analysis of the right is under construction just on studying of the right by means of a sight at it "from the outside", from positions of other independent scientific discipline - the economic theory. Similarity with those problems which dare legal philosophy or the right sociology, methodologically also based on eksternalistskom a sight at the right is obvious. Hence, the economic analysis of the right in Z.Piazhe and I.T.Kasavina's terminology should be carried to multidisciplinary researches. From this the important conclusion about basic importance of preservation of interdisciplinary borders (unsuccessful which attempt of deleting the standard idea of economic efficiency considered by us illustrates) in turn follows. Accurate demarcation of a subject, methods and results of researches is pledge of efficiency of the economic analysis of the right. Exit for limits, attempt of construction of integrated structures, such as the economic theory of jurisprudence, leads only to loss of those advantages which the economic analysis of the right has in habitual областях1.

However not all scientists perceive the economic analysis of the right as multidisciplinary research. For example, T.J.Habrieva declares necessity of deleting of interdisciplinary borders of the right and economy, occurrence new to the general ontologii and methods for work with studied objects. Waist JArullovna specifies that the economic-legal analysis for the present has no accurately developed methodological base, and the branch differentiation of knowledge does not allow to reach a management efficiency public processes »[218 [219],« there are no large researches on considerable number of general-theoretical and joint applied problems ». And though the author agrees, that «economic and legal sciences have the vision of public processes, possess independent scientific toolkit and language of scientific dialogue», and also as an example of successful application to research of the right of methods of other sciences names statistics and the mathematician (in this case not calling for creation of independent interdisciplinary units), nevertheless considers, that «the economic science should add methods of the economic analysis with a method of the standard analysis (a standard method), based on research of the appropriate order established, first of all, by the current legislation».

Claims on interdisciplinary (and furthermore transdisciplinary) character of the economic analysis of the right put before discipline variety of not solved intellectual problems, such as, for example, creation of the general theory of economy of the right (instead of use of the theory "parent" for methodology of the given direction of a science - economy), convergence of the scientific dictionary and methodology etc. The modern economic theory to describe as the methodological approach, rather than as the discipline defined by its subject of studying (the prices, money, well-being etc. more correctly.) [220].

In our opinion, constant expansion of the research program of the economic analysis of the right, already considered by us in historical prospect, allows good causes to believe, that sistemoobrazujushchim as the factor for researches under the economic analysis of the right first of all the methodology, but not a subject domain (which choice causes only rather big or smaller relevance of use of a method) also serves. The restrictions set by specificity of a subject of studying, it is already enough sovoeny within the limits of jurisprudence. Much at application of methodology of the economic analysis of the right depends on a correctness of statement of informative problems. First of all, it is necessary to consider necessarily the restrictions imperatively imposed by positions of the current legislation, than economists it is sometimes free or involuntarily neglect (for example, the economic analysis of local government should be carried out taking into account that under the operating Constitution of the Russian Federation local governments are not included into system of public authorities, even despite other economic being of these relations). At use of the economic analysis of the right as an additional method in jurisprudence similar discrepancies of statement of a problem will be excluded by presence at the learning subject of knowledge of the studied object, already received by it earlier.

Thus, the economic analysis of the right represents an independent direction of multidisciplinary scientific researches in which frameworks phenomena of a legal reality are studied proceeding from preconditions of the economic theory (rational behaviour of individuals, aiming at well-being maximisation, the price theory and alternative costs), and the right is considered ex ante as system of stimulus and the implicit prices and studied by means of economic methodology (a risk estimation, marzhinalnyj the analysis, the analysis of benefits and costs, statistical and mathematical methods etc.). The economic analysis of the right plays for jurisprudence a role more likely additional (auxiliary) подхода1, perspective in variety of areas in which quantitative (qualitative) estimations izmerimoj the validity (in particular are required, civil law, the conventional law, the law of torts, the constitutional economy, responsibility questions etc.).

The strict conceptual basis of the economic analysis of the right allows it to be beyond traditional (dogmatic) understanding of the right and to enrich with that representations of lawyers about the phenomena studied by them (for example, by evident demonstration of the mechanism of action of rules of law, the proof lozhnosti representations about automatic character of action of rules of law). The aspiration to construct on the base of the standard economic analysis of the right a certain integrated discipline (transditsiplinarnuju knowledge system) under the name «right Economy», applying for creation of new world outlook and scientific horizon in the spirit of «economic imperialism», is represented the next attempt of a reduction of a variety of the validity to one of its factors. At such statement of a question the economic analysis of the right risks to lose the advantages and to be reduced from a perspective and actual direction of interdisciplinary scientific researches to reasonings on the importance of a legal order for an economic turn [221 [222].

<< | >>
A source: TIMOFEEV Evgenie Aleksandrovich. «LAW AND ECONOMICS»: The DOCTRINE About the RIGHT And the STATE In the USA In the XX-th century. The DISSERTATION on competition of a scientific degree of the master of laws. Nizhni Novgorod - 2016. 2016

More on topic § 5. The economic analysis of the right in system of interdisciplinary researches:

  1. CHAPTER 5. SYSTEM ENGINEERING OF MACHINING AND ANALYSIS SPEKTROYOZONALNYH OF IMAGES. RESULTS OF EXPERIMENTAL RESEARCHES
  2. § 8. Application of the economic analysis of the right in the conditions of the Russian legal system
  3. the Part II. Theoretical bases of the analysis of economic system of modern Russia
  4. a technique of economic researches
  5. Go Show-dzhi. FREE ECONOMIC ZONES AS the TOOL of MARKET TRANSFORMATION of ECONOMIC SYSTEM (ON MATERIALS of the Peoples Republic of China). The DISSERTATION on scientific degree competition kavdvdata economic sciences. St.-Petersburg -, 1998 1998
  6. bionics formation, as interdisciplinary area of scientific knowledge
  7. the Role and problems of the historical analysis of military-psychological researches
  8. the Analysis of historiographic researches
  9. the comparative analysis of the gained results of the developed system of machining and the analysis spektrozonalnyh images
  10. Results of experimental researches in the aerodynamic chamber and their analysis
  11. 2.4. The comparative analysis of results of researches 1983г. And 2013
  12. interdisciplinary research in the field of a constitutional law: use of achievements of branch jurisprudence
  13. Comparison of the given experimental researches to results of the settlement analysis
  14. Chapter 1. Special cruelty as an interdisciplinary category
  15. 2.5. RESEARCHES of the CORE of WELLS By means of RENTGENO-FLUORENSTSENTNOGO the ANALYSIS.