Interdisciplinary methodology in the paradigmatic reconstruction of law
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StatusThe thesis was presented on the 4 June, 2021Approved by NCAA on the 30 July, 2021 Abstract – 1.06 Mb / in romanianThesisCZU 340.11/.12 (043)
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Keywords
interdisciplinary methodology, scientific paradigm, law theory, legal practice, disciplinary interdependencies, the legal system, legal order, legitimacy, authority, rule of law, democratization, human being, the crisis of legal scienceSummary
The structure of the thesis: Introduction, four chapters, General conclusions and recommendations, Bibliography of 553 titles, 4 annexes, 352 pages of basic text. The results obtained are published in 69 scientific papers.
The thesis aims to re-conceptualize the epistemic status of law, under the current standards, through a convergent perspective of law theory and practice, to identify, establish and strengthen the interdisciplinary methodological framework of the general theory of law, which may help to identify the possible solutions to overcome the crisis in law science.
The thesis objectives: To substantiate the theoretical-methodological framework of the interdisciplinarity of law in the context of the contemporary scientific situation; To prove the theoretical-practical need of the paradigmatic reconstruction of law, implying the interdisciplinary methodology within the concerns of the general theory of law; To conceptualize the priorities in conducting legal scientific research at national and institutional level; To assess the national regulatory framework for scientific research in relation to current epistemic standards; To analyze the integrity of law by identifying the interdisciplinary dependencies and the degree of compatibility of law theory with legal practice; To configure the interdisciplinary, complex and multivalent nature of the general theory of law, based on the relationship between person-state-law; To develop a model of re-conceptualized paradigm of law, based on the adoption of the interdisciplinary methodology; To identify the main dimensions of the interdisciplinary methodology of law; To formulate the methodological principles of the interdisciplinary paradigm of law.
The novelty and scientific originality of the results lie in the comprehensive study on the paradigmatic reconstruction of law by conceptualizing the research framework of the general theory of law, to strengthen its methodological dimension, by adopting an interdisciplinary approach that may overcome the crisis of legal science and lead to a continuous development under current conditions. The originality of the thesis consists in development of a new framework for the study of the theory of law, linked to the major trends of postmodern science - the multi-, inter- and transdisciplinary paradigmatic framework.
The main scientific results that help to solve the scientific problem consist in substantiating the reconceptualization of the scientific paradigm of law by applying the interdisciplinary methodology on convergence between legal theory and practice, which contributed to frame the complex character of the person-state-law axis, determining the reconfiguration dimensions and principles of the relations between epistemic and pragmatic framework, in order to identify effective law solutions and overcoming the legal science’ crisis by strengthening the methodological dimension (general, fundamental and applicative) of the general theory of law.
The theoretical significance of the research consists in shaping the interdisciplinary paradigm based on the priority dimensions of law and current methodological principles, indicating the platform of rapprochement between legal theory and practice, as well as determining ways and means to overcome the crisis of legal science, as a primary step in overcoming the law crisis, by modeling and strengthening the interdisciplinary methodological foundations of the general theory of law.
The applicative value of the thesis is framed by two dimensions: one aims at creating a solid methodological support for the legal scientific research and an interdisciplinary platform for dialogue; another one focuses on updating the active role of human being in the current formula of the rule of law and legal science.
The implementation of the research results. The research results were presented at multiple scientific forums, implemented within 2 institutionalized scientific research projects, capitalized in an ongoing project, used in presentations at the national and international conferences. Additionally, the results are used in teaching process of higher education institutions, within the activity of relevant state institutions, to develop research strategies, action plans, research programs, and projects.
Oficial Reviewers
- Ion Craiovan
doctor, professor - Raisa Grecu
doctor habilitat, associate professor (docent) - Andrei Smochină
doctor habilitat, professor, Institute of History of the ASM
Council's Members
- Elena Aramă, president
doctor habilitat, professor, Moldova State University - Boris Negru, member
doctor, associate professor (docent), Moldova State University - Andrei Negru, member
doctor habilitat, professor, Moldova State University - Dumitru Baltaga,
doctor habilitat, professor, Free International University of Moldova - Ioan Humă,
doctor, professor
Theses
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