LEGAL HERMENEUTICS IN THE RESEARCH METHODOLOGY AND LEGAL ARGUMENTATION OF THE SCIENCE OF LABOR LAW AND SOCIAL SECURITY LAW

Abstract

The article outlines the place of legal hermeneutics in the research methodology and legal argumentation of the science of labor law and social security law. The authors point out that when using legal hermeneutics in the methodology of legal research and legal argumentation, interpretive activity is not limited to the study of the phenomenon in terms of its formal and logical analysis. The authors believe that legal hermeneutics has a methodological tool by which you can not only interpret and understand the text, but also get to know the author of the text. It is determined that the interpretation of the text is carried out using the methods of both linguistics and philosophy, in particular double and triple reflection. The authors note that the interpretation of the text takes place within the so-called hermeneutic circle, in which the text goes through several interpretive stages: the formation of “preconception” (liberation from prejudices and rejection of emotional context), cursor reading (highlighting the main cultural and linguistic symbols of the text identification of “dark places”), formulation and testing of hypotheses (providing answers to questions asked to the “dark places” and outlining the arguments that establish links between the text and interpretation). The authors note that the use of legal hermeneutics to study such modern phenomena of labor law and social security law is primarily needed to distinguish its real meaning from stereotypes and abuses of so-called “preconception”, premature rejection of the new construction due to certain traditional prejudices of classical jurisprudence with saving of neutral attitude. The authors are convinced that the use of not only the classical methodological apparatus, but also such atypical for domestic legal science tools as legal hermeneutics, can create a foundation for avoiding “preconception” in the study of modern legal phenomena, form a research field for inventing universal approaches to labor relations and relations in the field of social protection.