The purpose of this article is to assess the most common methods of conducting qualitative (as opposed to quantitative) research in the field of criminal law, used by Ukrainian and foreign researchers, for their compliance with the basic characteristics. For this purpose, such methods as the method of doctrinal analysis were used, and in addition other theoretical and empirical research methods, such as historical, qualitative analysis of documents, etc. Results: based on the analysis of works of domestic and foreign scholars, it is substantiated that the basis for the science of criminal law is a normative analysis of the law (doctrinal analysis), which includes efforts to understand the best balance of rights and responsibilities. Ukrainian researchers know this method as system (method of system-structural analysis). Discussion: legal research is defined as research focused on extrapolating legal norms to specific cases. Scientific «discovery» in the field of law involves careful analysis and creative synthesis of various legal norms of doctrine, concept or principles and evaluation of legal doctrines or law, it must be combined with analytical skills and interaction with deduction and induction during such analysis.
Results: the paper is analyzing A. Spengler's views on the substance of law and jurisprudence as expressed in Volume 2 of The Twilight of the West. The work is one of the first attempts to explore O. Spengler's scientific heritage (using the work of foreign researchers) on the understanding of the essence of law and legal dynamics in context of criminal law. The practical value of this work is that it, based on the analysis of foreign sources, formulated conclusions that can be used in context of contemporary jurisprudence and criminalization policies. As in ancient times, when drafting laws, politicians do not pay much attention to the extent to which they reflect the current conditions of life of society, and, accordingly, fulfill their purpose of protecting public life from crime.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.