Leusenko, D.A. Integration theory and genetic method in cognition of law by B.A. Kistyakovskiy

Abstract: The article is devoted to explication of the theoretical position of B.A. Kistyakovskiy regarding the basic elements of the research program for the legal studies, role of social norms in the formation of social scientific platform for the studies, and contents of genetic method of legal studies. The author analyzes various aspects of legal thought of B.A. Kistyakovskiy, his attitude to legal positivism, his criticism of dogmatic jurisprudence, correlation of social and legal matters, importance of method in law, formation of law within the social matter, etc. Special attention is paid to the methodological criticism of the “descriptive” methods of dogmatic (positive) jurisprudence and characteristics of “cause-and-genetic-explanation” methods. It is important to note that in the opinion of B.A. Kistyakovskiy study of norms in the cognitive activity of people requires application of “obligation category” to scientific cognition. The author states that the concept of integrative genetic legal understanding was formed in Russia within the sociological school of law. He notes that it is in the works of P.I. Novgorodtsev, S.A. Muromtsev, B.A. Kistyakovskiy that we may find the theoretical scheme for the synthetic understanding of law, based on unity of method and understanding and scheme for legal cognition, rather than upon uniting various aspects of legal understanding, which was what B.A. Kistyakovsky insisted on.

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