Обзор научно-педагогической деятельности и вклада отечественного ученого М. Н. Гернета в развитие уголовно-правовой и криминологической науки

The study of theoretical and applied aspects of understanding the concept “legal orientation” in legal science is relevant, of practical interest and requires scientific consideration. Globalization generates radical changes that can lead to both further evolution of humanity and adverse consequences. The search for joint survival and development programs depends on the legal culture that determines the legal orientations of social actors. The purpose of this paper was to figure out the theoretical and applied aspects of understanding the concept “legal orientation” in legal science. This study is based on an interdisciplinary approach and considers the knowledge of various sciences about human behaviour. General scientific and special scientific methods of cognition of social phenomena and processes were used to conduct the study. Among general scientific methods, methods of logical-semantic and terminological analysis, anthropological, system-structural, causal-functional, data analysis, praxeological, and content analysis were used. Experimental methods of observation, conversations, surveys, and questionnaires were used to obtain empirical data. The presented results of the theoretical and applied study of the concept “legal orientation” in legal science allowed figuring out at least four meanings of its use, showed its inextricable connection with the concept “value orientations” – a dynamic system that regulates social behaviour and human activity, and therefore requires constant diagnostics. Based on the diagnosis of the value orientations of the student youth of the National University of Life and Environmental Sciences of Ukraine, methodical recommendations were developed to form the system of value orientations of a young individual who obtains higher education, which will be consonant with the system of value orientations of Ukraine. The results of this study will be useful for researchers investigating the axiological and praxeological components of human activity in various spheres of social life; for state and public institutions related to the implementation of strategies for the development of civil society and the rule of law, for teachers and lecturers in the education and upbringing of future citizens of Ukraine, as well as for all stakeholders.

The article deals with the issue of the ratio of the conditional and the unconditional in legal science and legal education. On the one hand, they have a desire to establish the identity of those mental structures that they represent with the objects, processes, properties they study, which gives them unconditional knowledge of the highest value. On the other hand, science and education develop by questioning existing knowledge, which implies recognition of the conditionality of the latter. The purpose of the study is to differentiate the conditional and the unconditional in legal science and legal education, believing that this makes it possible to better understand them. To achieve this goal, the question of whether a legal dogma (dogma of law) is unconditional is being resolved; the properties of legal science and legal education are analyzed, which determine the ratio of the conditional and the unconditional moments in them; the search is carried out for what, being the unconditional in law, remains the unconditional in its reflections in legal science and legal education. At all stages of the research, general scientific methods were used primarily: analysis, synthesis, induction, abstraction, reduction, ascent from the abstract to the concrete, etc. According to the results of the study, it is stated that in legal science and legal education there are both the conditional and the unconditional, while the conditional prevails in them. The unconditional is absolute, self—evident, non-accidental, timeless, unchangeable, independent of anything; it is only the cultural conditionality of legal science and legal education, as well as the reproduction in them of those archetypes, attitudes, semantic ideas and basic values that make up the deep layer of the legal culture of society. In their conditionality with these components of legal culture, legal science and legal education appear to be an organic part of the legal culture of society.

Purpose: The article discusses current theoretical and practical issues of introducing electronic technologies into the organization and functioning of the judiciary. Methodology: The research is based on general scientific and private-scientific methods of cognition. The general dialectical method allowed investigating the issue taking into account the laws governing the development of the judiciary in the new informational reality. A structural-functional method was also used, which was used to characterize innovations in the activities of the judiciary. Among the private-scientific methods, the formal legal method is used to substantiate and formulate possibilities for the development of the judiciary in the context of a new informational reality. The statistical method is used in the analysis of the practice of implementing developing information technologies in the activities of justice bodies. The comparative legal method is taken as the basis for identifying the general trends of legal regulation and the practice of applying new information technologies in judicial activity. The authors conclude that the introduction of information technologies in judicial activities is a progressive process, in which innovations introduced as an aid to innovation contribute to the effective provision of justice. At the same time, the evolution of information technology in judicial activities isn’t unlimited. The intensification of the introduction of new information and communication technologies in the process of administration of justice necessitates the preservation of the essential purpose of justice, the existing fundamental elements of the judicial system, in particular, that the human judge is the carrier of judicial power, as well as the principles of justice, such as the immediacy of the judicial process, the principle of availability of qualified legal assistance, etc. It is necessary to establish in the legislation the principle of proportionate integration of the artificial intelligence and analytical human mind in administration of justice.

The article presents a study of the domestic legislation of the XI–XVIII centuries, aimed at criminal law counteraction to illicit trafficking in alcoholic beverages. The relevance of the study is due to the significant number of illegal alcoholic and alcohol-containing products on the modern Russian market. Studying the historical experience of the formation of criminal legislation providing for responsibility for these acts makes it possible to identify patterns in the development of legal norms and identify the most effective criminal law mechanisms for countering such crimes. The purpose of the study is a comprehensive analysis of the formation and development of Russian legislation on combating illegal production and trafficking of alcoholic beverages, as well as identifying patterns and features of this process. The subject of the study is the criminal law norms providing for liability for acts that infringe on the legal turnover of alcoholic beverages. The research methodology is represented by a set of general scientific and private scientific methods of cognition. The following general scientific methods of cognition are used: system-structural analysis, logical analysis of texts and judgments. The historical and legal method was used as a private scientific method, which made it possible to analyze the development of Russian criminal legislation aimed at protecting the legally established procedure for the production and turnover of alcoholic beverages. The scientific novelty of the research is expressed in a comprehensive analysis of the Russian legislation of the XI–XVIII centuries, aimed at countering the illicit trafficking of alcoholic beverages. The article presents a detailed analysis of the development of criminal law norms providing for liability for the illegal production and trafficking of alcoholic beverages in Russia and in Russia from ancient times to the beginning of the XVIII century. The main focus is on the evolution of legislation in the field of combating illicit trafficking in alcoholic beverages, dubbed "korchemstvo". The paper examines in detail the first mentions of punishments for illegal alcohol trafficking in the Pskov judicial charter, the development of standards of responsibility in the era of Ivan III and Ivan IV. A special place in the study is occupied by the analysis of the punishment system for drunkenness. Special attention is paid to the reign of Peter I. The author notes that the issues of criminal law counteraction to illicit trafficking in alcoholic beverages are inextricably linked with the state policy on alcohol trafficking. Excessive restrictions on alcohol turnover imposed by the State have led to an increase in the share of the grey alcohol market and an increase in corruption in this sector.

Settlement of medical malpractice cases using litigation is deemed ineffective in terms of benefits both for the health profession as perpetrators and for patients who are victims. Law Number 17 of 2023 concerning health in handling medical malpractice using the principles of restorative justice is expected to be the answer to this problem. Research This study uses a doctrinal legal research method which aims to test the suitability of the principles of restorative justice in legislation with a victimology perspective, which is then updated through reorientation of the suitability of criminal law policy formulations with a victimology perspective in medical malpractice. The results of this research are in principle the current criminal law policy. with the perspective of postmodern victimology in terms of handling medical malpractice, it is compatible. Regarding the issue of criminal liability for perpetrators of medical malpractice, it lies in individuals, namely medical personnel and/or health workers, then corporations, namely health service facilities, but it does not rule out the possibility that criminal liability can be prosecuted against both of them. Even though according to the principles of justice restorative justice has been included in the Health Law but there are no regulations regarding the minimum requirements for suspected medical malpractice that can be resolved using the principles of restorative justice and guidelines for implementing efforts to apply the principles of restorative justice outside of court. Cases of alleged medical malpractice are like icebergs that are more likely to remain untouched than which is already in legal proceedings at both the investigation/investigation and trial levels, while at this stage it is the spearhead of the success of implementing the principles of restorative justice. Therefore, it is necessary to formulate a criminal law policy in the form of material legal rules related to minimum requirements for medical malpractice that can be pursued with restorative justice and formal law related to alternative implementation guidelines. dispute resolution outside of court.Keywords: Medical malpractice, Criminal Law Policy, Victimology, Restorative Justice.

Description. The purpose of the article is to study social responsibility in the context of global challenges on the example of Ukraine. Methodology. The research methods are chosen based on the object, subject and purpose of the research. The study used general scientific and special methods of scientific knowledge. In particular, dialectical method reveals the essence and content of social responsibility. Comparative and legal method was used in the analysis of scientific categories, definitions and approaches. The method of systematic analysis was used to comprehensively summarize the features of social responsibility of a State, society and an individual. Using the normative-dogmatic method, the content of normative-legal acts, regulating the issue under consideration and scientific works of domestic and foreign scientists was analyzed. The legal modeling method was used to develop proposals for improving the regulatory framework governing the issue under consideration. As a result of the research it has been found that a new characteristic of social responsibility is its globalization, when the latter becomes planetary in scope and requires joint consolidated action by the international community. The authors of the article have proved that the deficit of responsibility, which causes a number of serious social negative consequences, which, in turn, lead to deepening of the total crisis. Practical implementation. It is stated that the current economic theory is already considered to be archaic and far from being the best indicator for assessing the efficiency of the government and the success of the economy. It is proved that in order to determine people’s quality of life, it is better to use the International Happy Planet Index, which more accurately characterizes social aspects of quality of life and social orientation of economic growth. Value / Originality. It is concluded that the formation of responsible society in Ukraine is possible only if there will be the availability of social responsibility of all subjects of social interaction. In this context, social responsibility of the State is of particular importance as a prerequisite for ensuring sustainable development based on the reconciliation of the interests of the state, the individual, society and business.

Introduction: the article is devoted to the current and future impact of digital technologies, thanks to which remote work and location-based platform employment have emerged, and also the impact of artificial intelligence technologies and neurotechnologies on the labor relations that involve vulnerable groups of workers, including legal relations in the field of employment. Purpose: to describe approaches to the understanding of vulnerability in economics, sociology, and legal science, to trace the impact of digi-tal technologies on labor and employment of vulnerable groups, and to identify issues and risks. Methods:the methodological basis of the research consists of universal, general scientific methods as well as some special methods (system-structural, formal-legal, comparative legal methods). Results: vulnerability is correlated with poverty, and both monetary and non-monetary approaches to the phenomenon of po-verty are described; vulnerability is considered in the context of the concept of social exclusion, which fo-cuses on the breakdown of social ties. From a legal perspective, the approach applied in the study is based on the assumption that vulnerability of an individual or social group is associated with a higher (compared to others) risk of becoming a victim of human rights violations, including being limited in the ability to exercise the rights and freedoms guaranteed to everyone. The perceptions of vulnerability de-velop primarily in international law. At the national level, vulnerability of certain social groups is inter-branch in nature, which is manifested in exemptions and preferences established for them by both pri-vate and public branches of law. In Russian labor law, the term ‘vulnerable groups’ is not used, although, in actual fact, it forms the basis for differentiating the legal regulation of labor of certain categories of workers. The differentiation of the legal status of vulnerable groups is associated with the manifestation of the compensatory function of the welfare state. Conclusions: the use of digital technologies does not automatically bring advantages and benefits to vulnerable groups, but in the absence of adequate regu-lation can greatly increase social inequality and discrimination. It is advisable to develop the legal regula-tion of remote work performed by vulnerable groups of workers toward internal differentiation, taking into account their specific needs. Rights and guarantees, at least in the field of occupational safety and health, should be progressively extended to those employed on location-based platforms. It is necessary to include location-based workers in social insurance systems; provide them with an expanded range of rights and guarantees in the world of work. The risks of artificial intelligence, neurotechnologies, and workplace automation being introduced are currently associated with the deepening and scaling of dis-crimination, as well as with an imperceptible replacement of labor relations by precarious employment, which may affect vulnerable groups of workers the most. The paper proposes directions for improving legal regulation in this area. An assumption is made that the mass introduction of neurotechnology in the future will change the understanding of the nature of vulnerability and its criteria.

The article is devoted to the definition of the object, subject and research methods of legal noospherology as a scientific and educational discipline. It is pointed out that the formation of "legal noospherology" as an interdisciplinary science is a natural result of the process of human cognition of the world around us. The initial accumulation of information and further differentiation of a single system of primary knowledge about the laws of nature and society, the allocation of independent disciplines and the subsequent need to solve intersectoral problems - inevitably lead to the formation of new interdisciplinary sciences. Examples that confirm this pattern are the scientific and educational disciplines "legal anthropology" and "legal sociology". They were created to solve current intersectoral problems based on the sciences of law, anthropology and sociology. It is proved that legal noospherology is a new promising scientific and educational discipline, in which on the basis of an interdisciplinary approach it is possible to study a wide range of current intersectoral civilizational problems by complex methods - jurisprudence and noospherology. This interdisciplinary – legal-noosphere approach, developed by the authors of the article – is designed to monitor the process of legal globalization, development of noosphere law and methods of MP-forecasting – based on scientific ideas about the natural unity and continuity of civilizational events. In turn, this gives grounds to apply in legal and noosphere research scientific methods of similarity theory, general topology and game theory, etc., in accordance with the mathematical concepts of "integrity" and "continuity" of the studied global object. Carrying out research on the platform of legal noospherology using the topological information-legal Model of the noosphere developed by the authors allows to study the origin and development of a holistic legal-noosphere natural phenomenon in a single spatial continuum in real time in a scientific experiment. Such opportunities are especially important for understanding the laws of sustainable development of world civilization in their ecological and legal application and global manifestation - that is, in teleologically sound activities of MP- forecasting. This indicates the most important role of legal noospherology as a scientific and educational discipline that it is able to play – and not only in the development of noosphere law, in the development of the entire system of legal and geopolitical sciences, but also the development of various areas of research in globalism.

The article is devoted to the study of the fundamental concept of "empire" in legal science, its essence, nature and semantic content. In the Russian legal doctrine, which was formed under the long-term influence of Marxist-Leninist postulates, this category is not used in the scientific circulation of the classical theory of state and law. At the same time, the ambiguity of this term, its obvious relevance to the characteristics of the state structure and the extensive historical experience of the existence of imperial states make its legal analysis and comprehension extremely promising. The identification of the essence of the imperial factor will allow us to form new approaches to the study of states and the analysis of their forms. The article examines the category of "empire" both from the point of view of its legal content and from the point of view of its philosophical, political and socio-cultural content. The methodology of scientific research is based on the application of general scientific methods of cognition (dialectical method of universal cognition, systemic, structural and functional), general logical (analysis, synthesis, abstraction, comparison); private scientific (formal legal, historical). The application of the historical method made it possible to comprehend the patterns of evolution of the concept of empire in legal, political and sociological science. Based on the conducted research, various ideas about the essence and nature of the empire have been identified. The scientific positions identifying the empire with the historical type of state based on the establishment of certain principles, values and ideals as dominants for the organization of the most just and organic life of peoples under its rule; with the method of territorial organization of multinational states; with the form of state-territorial structure are revealed. The article compares the presented positions. The correlation of the legal content of this concept, philosophical-political and socio-cultural is carried out. It is concluded that the legal projection of the empire category consists in its definition as a form of state, which determines the specifics of the form of government, state-territorial structure and political regime. The key features of the empire in these aspects are highlighted. The presented results can be used both in conducting a historical analysis of the structural and functional features of specific imperial states within the framework of the history of state and law, and in developing a general conceptual and categorical apparatus for studying states and their forms within the framework of the theory of state and law.

During the years of independence, Ukraine has undergone certain processes that have led tochanges in the relationship between government and society. These changes were not alwayspositive. State power had a high level of authority in the eyes of the Ukrainian people. The majorityof the population does not believe in the objectivity of the results of the people’s will, which, infact, stimulates interest and shows the importance of public control over the election process.The purpose of the article – is to study the correlation of the state and public control over thesuffrage of Ukraine and its influence on the formation and development of civil society.The methodological basis of the study were general scientific and special legal methods ofcognition. Among the general scientific methods used is the method of philosophical dialectics,which is revealed through the methods of analysis and synthesis, ascent from simple to complex,from abstract to concrete, modeling, abstraction, idealization and formalization.Despite the expansion of opportunities to influence the future of the country through the free willof the people, the importance and effectiveness of public control faces a number of obstacles. Forexample, the presence of underdeveloped civil society, the lack of a prescribed mechanism for publiccontrol, political indifference of citizens, the negative impact of bureaucratic manifestations – allthis and many other factors together have a negative impact on the development of civil societyand effective control for the election process. But a rather significant shortcoming in the way ofits development is the lack of scientific research on this issue.As a result of the research, it was found that through election procedures it is possible to bestbalance and reconcile the interests of political elites, social classes, groups of the whole society,to bring the government closer to the needs of the people. The public sector plays a positive role in the processes of stabilization and harmonization of relations in society and the electoral processin particular. Public control as a social phenomenon is impossible without the formation of afavorable environment for its full and effective functioning, ie without a developed civil society.The article concludes that election control can be effective only when it is carried out by anindependent third party, in our case – civil society in relation to public authorities and localgovernments, which are directly involved in ensuring the preparation and conduct of the electionprocess. Many years of international and national experience clearly show that the lack or lowlevel of public control over the electoral process and excessive state control ultimately lead tousurpation of power and falsification of election results.

УДК 347.9 The purpose of the article is to provide a critical analysis of different approaches towards the notion of “European Civil Procedure”, to substantiate by means of legal and judicial practice, research papers a true essence and legal nature of the European Civil Procedure. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison); private and academic (interpretation, comparison, formal-legal). Problems and basic scientific results: the notion of “European Civil Procedure”, which describes the process of EU Member States judicial cooperation, bears largely a conventional character. It is not used officially by the organs and institutions of the EU, or its Member States. Moreover, it assumes an unjustified monopolization of the European discourse on the side of EU’s initiatives, although Europe is not limited to that association neither in geographical, nor in a legal sense. However, the given notion has become quite colloquial and does not cause any difficulties to the beneficiaries, and thus we may use the terms “European Civil Procedure” (ECP) and “Civil Procedure of the EU” (CP EU) as synonyms. Different approaches towards the nature of the European Civil Procedure claim that it may be regarded as: (1) a separate (communitary) regime of Private International Law (or, otherwise, International Civil Procedure); (2) means to approximate national rules of Civil Pro-cedure; 3) a particular system of judicial decisions recognition; (4) an independent area of supranational law; 5) an aggregate of all or part of the qualities mentioned above. The system of EU Civil Procedure constitutes “federal” procedural law of the Union that functions side-by-side national procedural rules. It governs those relations that go beyond the borders of one Member State, but not the EU itself. Relations between Member States and third nations are still generally out of the federal competence. We need not to forget, however, that a genuine federal center does not only introduce centralized procedures, but also approves mandatory standards for all of the levels of the regulatory system (in other words, pursues approximation). A right of any federal state to exercise such competence does not find any questions due to supremacy of its authority. Still in the EU legal order the principle of its supremacy has a limited application and it is not obvious that the introduction of general norms for the Civil Procedure come within it. The existence of different standards of justice (28 national ones and one supranational) has a negative effect on the unity of the “area of justice”, making it illusory. In order to guarantee an equal level of judicial protection everywhere in the EU a procedural “bill of rights” is required, and it needs to be adopted at the “highest level” of the system. Conclusions. The EU Civil Procedure has a dual nature. In its own (narrow) sense it is a body of federal procedural law of the EU that is applied when a cross-border situation of intracommunity character comes into being. In a broader sense, it is also a combination of norms, rules and principles of justice that are adopted by the EU as a federal center for both community-wide and national levels of the judicial system in order to guarantee the unity to the area of justice. In the ideal case, the European area of justice has to be a coherent, unified and internally consistent system. Reality is, however, far from that image, since there are multiple problems of both legal and political nature that hinder the implementa-tion of these brave ideas.

Introduction: legal dualism, conditioned by the differentiation of the private and public law spheres, has been given a thorough attention in theoretical studies but was never considered with a focus on family legal relations. This paper attemptsto comprehensively study scientific theories explaining the mechanism of separation of law into private and public (theories of the legal regulation subject and theories of the legal regulation method), as well as their relationship with the material and formal criteria for dividing law into private and public. The study pays special attention to clarifying the public-law and private-law nature of family legal relations in the context of discussing the independence of family law as one of the branches of law. It is proposed to transform the question of classifying family law under private or public law into solving the issue of the balance of private and public interests. The purpose of the study is to form a scientific understanding of family legal relations through the prism of the theory of dualism of law as well as the theory of interest as performing the function of a criterion within the framework of the proposed concept. Methods: traditional normativism served as the ontological component of this scientific study and predetermined the algorithm for the research object cognition. The author took as a premise the idea of a universal connection between phenomena and processes, thoroughly substantiated within the framework of materialistic dialectics. The study employed general scientific research methods, including induction, deduction, analogy, abstraction, comparison, etc. Special scientific methods were particularly helpful: the actual picture of public-law and private- law regulation of family relations was outlined using the dogmatic legal method; the meaning of legal regulations was clarified in the process of interpreting the legal norms of family legislation and legislation of other branches, which made it possible to substantiate the conclusions formulated in the work; the historical-legal method helped the author trace the evolution of scientific ideas about dualism in law, about the independence of family law as a branch of law, etc. In addition, the inter-branch method was of great importance for this study since it made it possible to take into account the inter-branch links between family law and the related branches of law. Results: the study has proved that revealing the public-law or private-law focus of the protected interest makes it possible to determine the legal nature of family legal relations that corresponds to this interest. Conclusions: the heuristic and methodological significance for modern family law doctrine of dividing law into private and public is clarified; the fundamental impossibility is proved of identifying family legal relations as those having unambiguously public-law or private-law nature; specific examples show the critical importance of interest in determining private-law or public-law effects on social relations; the paper presents evidence of the independence of family law as an individual element of the Russian legal system; the need for a legal definition of the ‘family’ concept is substantiated.

Introduction. Despite the fact that manipulative technologies for influencing social relations have now become extremely widespread, the study of legal goals and means manipulation as one of the main forms of manipulative influence on social processes remains outside the scope of research by representatives of both the general theory of state and law and branch legal sciences. According to the authors, this situation indicates that modern legal science in this regard clearly lags behind the needs of legal practice and is not able to offer a reasonable solution to very pressing problems associated with the large-scale and everyday manipulative use of legal instruments. Materials and methods. The authors of the presented article actively used both general scientific and specific scientific methods, among which we can highlight dialectical, systemic, formal legal, legal modeling, structural-functional, comparative legal, etc.The results of the study. As a result of the research, the authors of the article developed the basics of the concept of legal goals and means manipulation. In particular, the work outlined the author’s vision of the essence and specifics of legal goals manipulating, and studied the features of the manipulative use of both stimulating and restrictive legal means. Special attention was paid to the analysis of the technologies of legal goals and means manipulating, carried out on the basis of specific examples.Discussion and conclusion. The work substantiates the position according to which legal goals and means manipulation is understood as a form of lawful behavior carried out with the help of implicit tactics or strategy, which consists of setting or using legal goals, as well as of creating or using legal means in the interests of the subject of management (manipulator) contrary to the true needs and interests of the object controlled (manipulated). The point of view is defended according to which the challenges and threats that Russia is currently facing necessitate the creation of a state strategy to counter goals and means manipulation.

Objective: The provisions of Personal income tax (PIT) on real estate are still inadequate and incompatible with the practice of economic and social development in Vietnam. Due to that fact, this scientific article researches the status quo of provisions of PIT levied on real estate to come up with some recommendations to perfect the law. Theoretical framework: Recent literature points out that PIT on real estate plays very important role in the development of Vietnam's economy, and society. However, in the current stage of development, from the influence and impact of international integration, in reality, the provisions of PIT on real estate are still inadequate. In there, limits and problems in regulations about PIT on real estate have caused many difficulties when applied. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system has always been paid special attention by the Party and Vietnam State. Method: The authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and comparative legal method to achieve the objectives of the research. Results: Research results have determined that the provisions of PIT on real estate are still inadequate, and affect the state budget, and the economy, society in Vietnam. Conclusion: PIT on real estate is an important source of revenue for the state budget. At the same time, this is a tax that has great impact and influence on economic and social development and taxpayers. However, current regulations on PIT on real estate still have some shortcomings, limitations, and are not consistent with the practical situation of real estate transfer transactions in Vietnam. Research implications: The results of the research contribute to proposing a number of solutions to improve the law on PIT on real estate in Vietnam. Originality/value: The research of the PIT on real estate become more and more urgent and very important in Vietnam.

The legal science of the antebellum period and the antebellum law school were closely related. A science of ordered principles based ultimately on the truths of revelation was inculcated in institutions designed as much to strengthen their students’ resolve to be proper lawyers as to teach them what they would need to know as practitioners. The law school Langdell helped create was also a reflection of his idea of legal science. What that idea was has been a source of scholarly debate for some time. Recent work has begun to recognize the connections between Langdell’s vision of legal science and that of his antebellum forebears. The dean’s talk of principles to be extracted from cases is the old language of Baconian science applied to a new subject matter. The legal science of the antebellum law school subordinated cases to great principles of law based on universal truth. Cases were the material from which the principles to be taught could be induced; they were not the substance of teaching. Langdell’s science and his teaching looked to the cases themselves as the law.