Jurisprudence, including the theory of state and law, as noted, uses not only general scientific methods, but also private science, characteristic of the legal sciences. General scientific and private scientific methods do not merge with each other. The widespread use of private scientific methods does not mean that they “absorb” general scientific methods, and vice versa. Often, private scientific methods are credited with a universal character, they are not only considered from the standpoint of universality, but also are endowed with such qualities as “striving for dialectics”, “its spearhead”, etc.

Particular scientific methods of the legal sciences include the formalological method, the particular sociological method, comparative law (state law), etc.

Formal logical method- Means and methods of the logical study of statehood and law; based on the concepts, categories, rules and laws of formal logic. Here, the state and law are studied as such and are generally not associated with other social phenomena (culture, religion, morality, etc.) and the economy. In this case, the researcher abstracts, for example, from the problem of the quality of subjects of legalization, its effectiveness in connection with this, etc. Law is considered as a formally defined, logically interconnected and strictly fixed system of rules, built on the principle of subordination and consistency of norms. The logical laws of identity, non-contradiction, excluded third, sufficient reason allow us to establish, for example, features of law as a logical system. So, law and creativity and law enforcement are considered in accordance with logical forms of thinking, logical operations, which are based on the rules for formulating judgments and conclusions.

The legislative activity in the process of preparing the text of a normative legal act is subordinate to the laws and rules of formal logic, forms the outwardly invisible, but extremely important logical basis of the text of the document. The content of a normative legal act and its composition also involve the use of formal logic rules.

The formal logical method is successfully used in the study of law enforcement. The application of a legal norm to a factual fact is often justly presented as a deductive conclusion, where the rule of law is a big premise, the actual situation is less, and the decision on a legal case is a conclusion. The result of law enforcement in most cases is the preparation of an individual act, in which it is important not only value, but also the competent use of formal logic. Each individual (enforcement) act also has a logical structure and textual specifics (judicial decision, order for employment, decree of the President of the Russian Federation on awarding, etc.).

Thus, the formal logical method allows you to explore the logic of the actions of subjects of lawmaking and law enforcement, especially professional thinking, etc.

Note that formal logic, its methods and laws are applied using any method. When it comes to the formal logical method, we have in mind the use of logic as a special way of knowing the law (which is why the method is called formal logical).

Consider the essence specific sociological method.State legal institutions studied by legal science are ultimately expressed in the actions of citizens, officials, and collective subjects of law. Legal sociology studies these actions, operations (systems of actions), the activities of various government bodies and their results. The purpose of specific sociological research is to obtain information on the qualitative side of state legal activity, its effectiveness. Using this method, it is studied, for example, the personnel of the judicial system (level of legal education, academic degree, frequency of professional development), the attitude to the fulfillment of professional duties (the number of complaints and statements about the actions of judges and employees of the judicial system), as well as factors affecting adjudication (level of professional preparedness, level of general culture, marital status, etc.).

The methods of obtaining this kind of information are survey, questionnaire, analysis of written sources, interviewing, etc. Unreliability of sociological information is a frequent phenomenon. It is explained by the interviewee’s desire to “look better”, to hide difficulties, shortcomings in professional activities, etc. Social and legal studies are laborious, costly, and require high professionalism.

Comparative Law and State Studies as a Methodinvolve the study of various state-legal systems, including law-making, law-enforcement, including judicial, by identifying general and special signs of similar legal phenomena. The acquired knowledge can be used to improve the state apparatus and its organs, the legal system, etc. This knowledge is necessary for the formation of a single legal space, coordination of efforts of various, especially European, states to solve the global problems of mankind.

The comparative method involves the following stages of research: 1) the study of state-legal phenomena as autonomous entities and the identification of their essential qualities and features; 2) comparison of the studied features of similar institutions and the establishment on this basis of similarities and differences; 3) an assessment of the signs of difference from the point of view of appropriateness of application in national state legal or international practice. Evaluation can be carried out from the standpoint of equity, feasibility of effectiveness, etc.

Comparative law can significantly expand the legal horizons, create the basis for practical activities. This method, its development is very important for Russia - a country where legislation is actively developing, the judicial and administrative systems, as well as local self-government are being modernized.

Introduction 3

1. General scientific research methods. four

1.1 Modeling. four

1.2 Systemic method. 5

1.3 Mathematical methods .. 6

2. Private scientific research methods. 8

2.1 Comparative method. 8

2.2 Cartographic method. 9

2.3 Historical method. 12

2.4 Geoinformation systems .. 14

2.5 Aerial methods .. 15

2.6 Space methods .. 16

2.7 Phenological observations. 17

Conclusion twenty

Literature. 21

Introduction

In solving theoretical problems and practical problems in biogeography, a wide arsenal of geographical methods is used, among which the most important are the comparative-geographical and cartographic methods; this also requires a deep knowledge of the biological properties and ecology of plant and animal organisms, the ability to widely use data on the specifics of interactions between organisms and communities with each other and with the environment.

There are general scientific methods and particular scientific methods that each science uses, including biogeography.

General scientific methods that are used in various fields of science, i.e. have a wide, interdisciplinary range of applications. These include:

1) modeling;

2) system analysis;

3) mathematical.

Private scientific (specific) are methods used only in a specific science. Among them, comparative, cartographic, historical, and the creation of geographic information systems are important.

General scientific research methods

Modeling

Modeling of processes, relationships, phenomena is widely used in biogeography. Aspiring to systematization, geographers at all times excluded from the field of view a part of phenomena. In the last 10 years this has been done consciously, which is, in fact, a simulation: after all, when scientists “select” only the main features of reality, their structure and development mechanism become more clear and understandable to them.

Modeling - a simplified reproduction of reality, describing in a generalized form its essential features and relationships, is widely used in modern geography.

Mathematical modeling in the ecology of communities is a rather extensive research area both in the choice of modeling objects, in the set of methods, and in the spectrum of problems to be solved. The review offered to the reader does not claim to cover all aspects of modeling. The authors' attention is drawn to two classes of methods: modeling using differential equations and methods based on extreme principles of biology. If the examples of variational models belong to a rather wide range of plant and animal communities, then for approaches based on differential equations, in view of the vastness of the material, attention is focused on modeling communities of microorganisms.

The models of each of the methods, of course, have their own advantages and disadvantages. So, differential or difference equations allow describing the dynamics of processes in real time, while variational methods, as a rule, predict only the final stationary state of the community. But on the way of imitations using equations, difficulties arise of both a fundamental and a technical nature. The fundamental difficulty is that there are no systematic rules for deriving the equations themselves. The procedures for compiling them are based on semi-empirical laws, plausible reasoning, analogies and the art of a fashion designer. Technical difficulties are associated with the high dimensionality of community modeling tasks. For essentially multispecies communities that consume numerous resources, the selection of hundreds of coefficients and the analysis of systems from dozens of equations are required.

Depending on the purpose of the simulation, two types of models can be distinguished: descriptive models and behavior models.

The descriptive model provides information on the relationships between the most important ecosystem variables. This type of model is implemented using stochastic modeling methods based on tools of probability theory and mathematical statistics. There are static methods that do not take time into account as a variable (simple and multiple linear and non-linear correlation and regression; variance, discriminant and factor analysis, parameter estimation methods) and dynamic methods that take into account the time variable (Fourier analysis, correlation and spectral analysis , weight and transfer functions).

Behavioral patterns describe systems during the transition from one state to another. To implement this category of models, they study: 1) the structure of the signals at the input and output of the system; 2) the reaction of the system to special test signals; 3) the internal structure of the system. The last point is implemented by analytical modeling, which is based on differential equations describing cause-effect relationships in the ecosystem.

System method

"Nature needs to be seen as a whole if we want to understand the details." (Dokuchaev, Berg, Baransky, Saushkin). L. Bertalanfi - the creator of a systems approach - in the late 40s. wrote: "The system is a complex of elements that are interconnected."

The most important concepts of systems theory include: integrity, structure, self-regulation, stability. The system approach allows not only to take a fresh look at the object as a whole, but also to characterize it quantitatively and create its graphic model. This is the practical significance of the systemic methodology.

In 60-70 years. XX century a systematic approach based on the general theory of systems began to penetrate into geographical research. The works of A.D. Armanda, V.S. Preobrazhensky, Yu.G. Puzachenko, A.Yu. Reteyuma, A.G. Isachenko, V.N. Solntseva, Yu.G. Saushkina et al. (Abroad even earlier in the USA, Switzerland - D. Harvey, R. Chorley). Such attention is not accidental. Indeed, in reality, any system (an integral complex of interconnected elements) is infinitely complex and we can only study a system obtained as a result of some abstraction from a real system. The systematic approach is applicable to a wide range of geographical problems both in statistics (analysis of the elements that make up the system, their relationships, structure), and in dynamics (retrospection, forecasting changes, both spontaneous and focused). Allows you to evaluate the dynamics of the development of communities of living organisms in time and space, as well as their interaction with the natural environment.

Mathematical methods

Obviously, mathematical methods are also needed. In science, they were brought to life by the desire to somehow express "in number and measure" an endless combination of objects of nature, population, economy in certain territories. But mathematical methods in geography are especially successfully applied with a certain uniformity of space, which is rare.

In the 60s. Some geographers have considered the introduction of "quantitative" mathematical methods into geography as a pillar road for its development. This was called the "quantitative revolution" in geography, and its supporters called themselves "quantitative". But already in the 70s, the rollback begins, because the entire complexity of the subject reflection of the entire diversity of space and its elements is obvious only by the methods of mathematics.

In addition to the methods of mathematical statistics and probability theory, which are currently widely used in physical geography, mathematical analysis, set theory, graph theory, matrix algebra, etc. are also used. Particularly high hopes are laid on the use of information-theoretic methods and cybernetics.

Until now, in geography, the most widely used are the probabilistic-statistical methods necessary for the analysis of observation protocols and the systematization of evidence, i.e. on an empirical level of knowledge. However, when moving to a theoretical level, geographers are increasingly starting to use mathematical and vector analysis, information theory and set theory, graph theory and pattern recognition theory, probability theory and finite state machine theory to generalize and identify the basic laws. At the same time, the role of such cognitive operations as idealization, abstraction, and hypothesis sharply increases. Obtaining research results in the form of maps, graphs, mathematical formulas, etc. in fact, it is already a simulation.

Fundamental knowledge of the laws governing the functioning of natural supraorganism systems is obtained not only in specially organized and planned experiments, but also by analyzing environmental monitoring data obtained using standard techniques. These data have been accumulating for decades, can cover large areas, but do not always satisfy the requirements of metrology, statistical reproducibility, and other conditions that would allow us to reasonably use traditional methods of mathematical statistics for their analysis.

An analysis of the environmental literature of recent years shows that in the analysis of multidimensional data arrays obtained during the study of natural ecosystems, most often either classical statistical methods, such as analysis of variance and regression analysis, or methods that are only formally related to statistical methods are used: factor analysis, cluster analysis, multidimensional scaling. Due to the fact that there are currently packages of applied computer programs for all these methods (for example, SYSTAT, SPSS, STATISTICA, etc.), these methods have become available to a wide range of ecologists, as a rule, who do not have adequate mathematical and statistical training. Meanwhile, the applicability of these methods to the analysis of environmental observation data (environmental monitoring), belonging to the category of so-called "passive experimentation" seems quite problematic.

Further prospects for the development of a theoretical level in geography are associated with the use of mathematical and logical methods, as well as modeling and cybernetics methods.

Private scientific research methods

Comparative method

As Goetner noted: "Comparison is one of the basic logical methods of cognition ... the knowledge of any object and phenomenon begins with the fact that we distinguish it from all other objects and establish its similarities with related objects."

The comparison method is one of the oldest traditional methods in science. It is important because it makes it possible to more fully and deeply understand the diversity of the forms of communities of living organisms in individual development and in connection with the environment. The purpose of the comparisons is to establish quantitative and qualitative indicators, their description and analysis to obtain conclusions about the spatio-temporal structure of natural-territorial systems, communities, their functioning, condition and potential.

The comparative method is divided into:

· Actually comparative-geographical (used in identifying and displaying qualitative and quantitative differences of the same objects and phenomena);

· Geographical comparison (carried out by composition, structural relationships, genesis, type of functioning);

· Comparison of the theoretical model with the objective development of geographical objects (used to establish patterns of spatial differentiation of objects, study their dynamics and development).

The practical goals of biogeography are closely intertwined with the tasks of general ecology and earth sciences. The specificity of biogeography consists, on the one hand, in obtaining complex, related data on the organic world of a particular territory, and on the other, in a comparative geographic approach to the analysis and interpretation of these data. With its help, biogeography is able in principle to predict the results of various planned and random impacts on the biosphere. At the same time, biogeography acts as if as an observer and interpreter of experiments posed by nature itself. It is most often impossible to specifically set up such experiments - it is either risky for the biosphere, or requires many hundreds or even thousands of years to obtain a result.

The most developed private disciplines of biogeography are zoogeography and phytogeography (plant geography, botanical geography, geobotany). The geography of microorganisms is in its infancy due to the difficulty of studying the object itself.

Zoogeography and phytogeography clearly differ in objects, but the processes that determine the patterns of distribution for animals and plants have much in common. This implies the fundamental similarity of goals and methods for these biogeographic disciplines, their synthesis in the framework of a single science.

Biogeographic synthesis is most justified in those sections of private disciplines that study the distribution of complexes of organisms across the territory and the laws of this distribution. The following is the task of explaining the revealed patterns, which requires knowledge of modern and past interactions between different groups of organisms, between them and the environment. Thus, the transition to a comparative geographical study of communities and ecosystems of various ranks is logically carried out, which seems to be the basis of the biogeographic methodology. In reality, the researcher deals only with a limited set of species or groups, however, here it is also necessary to comprehend the material in the biogeocenotic and ecosystem plan.

The comparative geographical method, when used creatively, makes it possible to analyze the similarities between distant and completely dissimilar territories.

To a comparative method, to some extent adjoins the method of analogues widely used in various sciences. It consists in the fact that knowledge and data about a geographical object are derived from already existing ideas about another, often similar object (territory).

General scientific methods, i.e. methods characterize the course of knowledge in all sciences. Their classification is directly related to the concept of levels of scientific knowledge.

General scientific approaches and research methods that have been widely developed and applied in science of the XX century. They act as a kind of "intermediate methodology" between philosophy and the fundamental theoretical and methodological provisions of the special sciences. General scientific concepts most often include such concepts as "information", "model", "structure", "function", "system", "element", "optimality", "probability".

In accordance with two levels of scientific knowledge, empirical and theoretical methods are distinguished. The former include observation, comparison, measurement and experiment, the latter include idealization, formalization, the ascent of the abstract to the concrete, etc. It should be noted, however, the relativity of this division. For example, comparison is widely used not only in empirical, but also in theoretical studies, the experiment is used mainly at the empirical level, however, experimentation is possible with the so-called mental models. The modeling method is difficult to attribute unconditionally to one of two levels of knowledge.

Empirical methods are based on sensory cognition (sensation, perception, representation) and instrument data. These methods include:

• Ø observation is a purposeful systematic perception of an object that delivers primary material for scientific research;
• Ø experiment - a method of cognition, with the help of which the phenomena of reality are investigated in controlled and controlled conditions. It differs from observation by intervention in the studied object, that is, activity in relation to it. Carrying out an experiment, the researcher is not limited to passive observation of phenomena, but consciously intervenes in the natural course of their occurrence by directly influencing the process under study or changing the conditions under which this process takes place;
• Ø measurement - determination of the ratio of the measured quantity to a standard (for example, a meter);
• Ø comparison - the identification of similarities or differences between objects or their signs.

There are no pure empirical methods in scientific knowledge, since even for simple observation preliminary theoretical foundations are necessary - the choice of an object for observation, the formulation of a hypothesis, etc.

The actual theoretical methods are based on rational cognition (concept, judgment, inference) and logical inference procedures. These methods include:

• Ø analysis - the process of mental or real dismemberment of an object, a phenomenon into parts (signs, properties, relationships);
• Ø synthesis - the combination of the selected in the course of analysis of the sides of the subject into a single whole;
• Класс classification - the union of various objects in groups based on common characteristics (classification of animals, plants, etc.);
• Ø abstraction - (lat. - distraction), which is a mental distraction from some properties of the subject and the allocation of its other properties. The result of abstraction is abstraction - concepts, categories, the content of which are the essential properties and relationships of phenomena, distraction in the process of cognition from some properties of an object with the goal of in-depth study of one particular side of it (the result of abstraction is abstract concepts, such as color, curvature, beauty etc.);
• Ø formalization - the display of knowledge in a symbolic, symbolic form (in mathematical formulas, chemical symbols, etc.);
• Ø analogy - a method of cognition, in which there is a transfer of knowledge obtained during the consideration of any one object, to another, less studied and currently being studied. The analogy method is based on the similarity of objects for a number of any signs, which allows you to get completely reliable knowledge about the subject being studied;
• Ø modeling - the creation and study of a substitute (model) of an object (for example, computer modeling of the human genome);
• Ø idealization - the creation of concepts for objects that do not exist in reality, but have a prototype in it (geometric point, ball, ideal gas);
• Ш deduction - movement from general to particular;
• Ø induction - the movement from the particular (facts) to the general statement.

Private science methods

Particular scientific methods, i.e. methods that are applicable only within the framework of individual sciences or studies of a particular phenomenon. The specificity of these methods lies in the fact that they are a special case of the application of general scientific cognitive techniques for studying a specific area of \u200b\u200bthe objective world. These are methods of mechanics, physics, chemistry, biology and social sciences.

General scientific and private scientific methods of knowledge of the state and law.

The scope of general scientific methods is limited to solving certain cognitive problems and does not cover all stages of scientific knowledge. General scientific methods - methods used at the individual stages of scientific knowledge. 1 Analysis and synthesis - dividing the whole into its components, and their analysis (an example is the system of law: branches, sub-sectors, institutions, norms). Analysis as a method of scientific thinking reveals the structure of GiP, fixes their components, establishes the nature of the relationship between them. Synthesis - the study of a specific phenomenon in the unity of all its components. As a specific method of scientific knowledge, TGP is used to generalize the data obtained as a result of the analysis of various properties and signs of the phenomena studied. By synthesizing the analytical knowledge of the individual elements of hydraulic engineering, we get an idea of \u200b\u200bhydraulic engineering in general. 2 A systematic approach - it studies GiP, state-legal phenomena from the point of view of their systematic nature. 3 Functional approach - elucidation of the functions of GiP, their elements. 4 The hermeneutic approach is the text of the norm; it is a document of the author’s special worldview, and is interpreted in a completely different way from the perspective of a modern researcher. Therefore, this method involves investing in the concepts studied exactly the content that their author implied. 5 Modeling - the creation of models of state-legal phenomena and the manipulation of these models. 6 Abstracting, bringing a less general concept to a more general one, ascents from the abstract to the concrete — to philosophical laws and categories the method of ascent from the abstract to the concrete and from the concrete to the abstract is directly adjacent. So, the process of knowing the form G can move from the abstraction “state form” to its types - the form of government and the form of government, then to the varieties of the named forms. With this approach, the knowledge of form G will be deepened, concretized, and the very concept of “form G” " will begin to be enriched with specific signs and features. When a thought moves from a concrete to a general, abstract, a researcher can, for example, study criminal, administrative offenses, their properties and features, and then formulate a general (abstract) concept of an offense.

Knowledge and skillful use of general scientific methods does not exclude, but rather involves the use of special and particular methods of cognition of state-legal phenomena. Traditional for legal science 1 formal legal method. The study of the internal structure of legal norms and law in general, the analysis of sources (forms of law), the formal certainty of law as its most important property, the methods of systematizing normative material, the rules of legal technology, etc. are all concrete manifestations of the formal legal method. It is also applicable in the analysis of forms of G, in determining and legalizing the competence of bodies of G, etc. In short, the formal legal method follows from the very nature of GiP, it helps to describe, classify and systematize state-legal phenomena, to study their external and internal forms. 2 In addition, science is obliged to take into account historical traditions, the sociocultural roots of G and P. The foregoing stipulates the application of the historical method in the cognition of state-legal phenomena. 3 The method of specific sociological research - the collection, analysis and processing of legal information. Identification of the social conditionality of legal norms, the prestige of law in society. The concrete sociological method allows us to establish and measure the role of social factors, their influence on the state and legal development of society. 4 Statistical - used in the study of the effectiveness of law. This is an analysis of quantitative indicators. It is used for phenomena that are massive and repeatable. 5 Cybernetic - is used for automated processing, storage, retrieval of legal information (for example, an approach to managed processes, taking into account feedback, the obligatory correspondence of the “diversity” of the managing and managed systems, etc.). 6 Comparative legal - based on a comparison of something “legal” with something “legal”. Conditions: the values \u200b\u200bto be compared must be a) legal b) equivalent (you can not compare the US Constitution and mononorms). Comparison can be micro (comparison of institutions), macro (in the whole system of law). 7 Modeling - the creation of models of state-legal phenomena and the manipulation of these models. 8 Social-legal experiment - the creation of experimental state-legal phenomena and verification of their "actions" in specific conditions.