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Historicism in criminal law science “historical methods and their significance for evolution of criminal law”


Anzhelika Irekovna Alimova , Andrey Nikolayevich Batanov , Marina Igorevna Verevicheva , Aleхander Alexandrovich Gorshenin , Valery Vasilievich Romanov , Elena Robertovna Abdrakhmanova

Abstract

The present article examines different methodological approaches to studying the history of criminal law in Russia. The conceptual framework is examined, namely, the relationship between the terms method and methodology of legal historical research including the historical method and the method of comparative cognition. Various perspectives on the retrospective study of criminal law are presented. Common properties and patterns of development are identified that are typical of criminal law as a social phenomenon and that determine the application of the corresponding methodology of historical and social studies considering the unique aspects of the subject. Therefore, the authors analyze the theoretical and methodological aspects of retrospective criminal law science, common trends, the concept, and structure of the methodology of such sciences. Moreover, the authors examine the evolution of theoretical views, doctrines, theories, and academic discussions about the ideology and methodology of historical and legal science as a whole, as well as particular issues of historical analysis of criminal law.


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