Бритва Оккама и право: дилемма простого и сложного

Abstract

In science, one of the methodological principles is the razor or Occam's blade, according to which, when explaining something, existing concepts should be used, that is, entities should not be multiplied. The article applies this principle to the understanding of the construction of the norms of law.  The purpose of the article is to reveal the essence and content of the dilemma of simple and complex in law and to develop on this basis ideas about the ways of law development. The effect of the methodological principle of the primacy of the simple (Occam's razor) in law is considered. It is shown that this principle may not be fulfilled in the social sciences, since the development of these sciences occurs, including through the introduction of new entities into circulation, on the basis of which existing phenomena are explained. The correlation of general and special law in the improvement of law in general is revealed. The Godel principle is applied to understanding the inconsistency and/or incompleteness of the system of legal norms. The research methods are formal logic, comparative analysis of legal categories, synthesis (generalization), complexity and a systematic approach. The methodological principle of non-reproduction of entities (Occam's razor) does not work in all sciences. In the social sciences, there is a process of increasing the number of concepts, categories (entities). This process is reflected in the law. However, legal constructions and legal language should not be complicated unnecessarily. The constant complication of law leads to an increase in legal entropy, and excessive complexity may be more like solving legal problems than solving them.