The article analyzes the basic functions and criteria of knowledge being scientific in normative theories and shows the possibilities of their implementation in the theory of law. Natural scientific theory is considered as a model for scientific theory making. The model scientific theory consists of axioms, or principles, laws, and a set of notions. Unlike scientific theories any normative theory does not consist of laws. So the main function of normative theory is understending, but not explanation. The article shows specific features of such scientific legal theory functions as description, explanation, foresight and understanding. New interpretations of such scientific criteria as subject-matter, objectivity, authenticity, validity, verifiability and falsifiability are being considered, specific character of normative science knowledge being taken into account. Humanities regard their knowledge subject matter as created by knowledge itself and by mind, and deny the point of view according to which subjective perception of the world owes to this world itself. Humanitarian sciences are mainly based on pragmatic truth concept. Knowledge and cognition are objective if they correspond to objective values, i.e. those which we can not abolish or revise. In humanitarian cognition the object includes a cognizing subject. So the presence of the subject in the cognized reality is expressed by the fact that knowledge fixes or expresses a subjective attitude to the object in objectified forms and in linguistic form, first of all. Specific nature of scientific legal theory and epistemological status of principles, presumptions, fictions, and theoretical concepts of legal science are mentioned.
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20 January 2022
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Nevvazhay, I. D. (2022). Pecifics Of Normative Theories And Law. In S. Afanasyev, A. Blinov, & N. Kovaleva (Eds.), State and Law in the Context of Modern Challenges, vol 122. European Proceedings of Social and Behavioural Sciences (pp. 450-455). European Publisher. https://doi.org/10.15405/epsbs.2022.01.72