CLASSIFICATION AS AMETHOD OF SCIENTIFIC RESEARCH , PARTICULARLY IN JURISPRUDENCE

Информация для цитирования: Понкин И. В Редькина А ., . И. Классификация как метод научного исследования в частности в юриди , ческой науке // . . Вестник Пермского университета Юридические науки 2017. Вып. 37. C. 249–259. DOI: 10.17072/1995-4190-2017-37-249-259 Ponkin I. V., Redkina A. I. Klassifikatsiya kak metod nauchnogo issledovaniya, v chastnosti v yuridicheskoy nauke [Classification as a Method of Scientific Research, Particularly in Jurisprudence]. Vestnik Permskogo Universiteta. Juridicheskie Nauki – Perm University Herald. Juridical Sciences. 2017. Issue 37. Pp. 249–259. (In Russ.). DOI: 10.17072/1995-4190-2017-37-249-259.


Introduction: this paper considers issues related to the definition of the role and importance of classification as a method of scientific cognition, the concept and nature of classification as a whole and as a method of scientific cognition, issues related to the objectives of using the classification method when conducting research, and different types of classifications. Purpose: to analyze various scientific approaches to the definition, role and importance of classification in scientific research, including in jurisprudence.
Methods: the study is based on a set of methods of scientific cognition, including the methods of analysis, synthesis, induction and deduction, comparative method, and method of classification.Results: the authors suggest their own definitions for the notion of classification and the notion of order, for which classification acts as a method of formation and/ or reflection; elements of the classification method are also specified.Conclusions: the paper defines the place of classification as one of the stages of scientific research, as well as requirements for classification.

Introduction: this paper considers issues related to the definition of the role and importance of classification as a method of scientific cognition, the concept and nature of classification as a whole and as a method of scientific cognition, issues related to the objectives of using the classification method when conducting research, and different types of classifications.
Purpose: to analyze various scientific approaches to the definition, role and importance of classification in scientific research, including in jurisprudence.Methods: the study is based on a set of methods of scientific cognition, including the methods of analysis, synthesis, induction and deduction, comparative method, and method of classification.Results: the authors suggest their own definitions for the notion of classification and the notion of order, for which classification acts as a method of formation and/ or reflection; elements of the classification method are also specified.Conclusions: the paper defines the place of classification as one of the stages of scientific research, as well as requirements for classification.

Introduction
A scientific method (research method) is a cornerstone of scientific research.The method of classification is one of the most important methods of scientific cognition, comprehension and description of objective laws of the world.It is a form of the so-called controlled cognition and one of the bases of empirical knowledge.It is used to arrange knowledge.
None of research fields, none of scientific interdisciplinary research works can do without generalization and arrangement of the studied objects, their sorting according to certain characteristics.
As Susan Batley fairly notes, "we have an innate ability to classify things.… we classify things to simplify our world and make sense of it.Classification is something we do all the time; we structure our lives and navigate our environment through a largely unrecognized system of classification schemes.Classification is simply grouping together things which are alike" [19, p. 1].
Classification, according to S. S. Rozova, is "an important element of any human activity, and, first of all, scientific", though even in the use of this term there is no uniformity [10, pp. 13, 15].
In the book "The Grammar of Science" Karl Pearson wrote: "the man who classifies facts of any kind whatever, who sees their mutual relation and describes their sequences, is applying the Scientific Method and is a man of science" [27, pp. 10-12].
Classification methods and procedures are widely applied in scientific research for the purpose of solving various cognitive tasks [8, p. 67].
According to G. I. Ruzavin, "all scientific concepts can be divided into three big classes: 1) classificatory, 2) comparative, and 3) quantitative.As their name says, classificatory concepts display classes of objects or phenomena.Essentially, various scientific classifications are based on such concepts: plants -in botany, animals -in zoology, minerals -in mineralogy, etc. Allocating essential characteristics of these classes, classificatory concepts give us an opportunity to distinguish one class from another and, therefore, first of all, characterize their qualitative nature.Therefore, they are often called qualitative concepts as well.But it is possible to apply the simplest quantitative methods of analysis even to such concepts, in particular, to determine the number of the elements of the class" [11, p. 86].Now, such a method of cognition as classification is used for achievement of various goals, both scientific-theoretical and purely practical.
For example, classification of the obtained data is an important stage of completion of tasks in business activity [24, p. 441].
Most part of activities for classification is based on the idea that the classified objects exist irrespective of the person, and the classifier opens real-life objects and describes their types and some particular phenomena the way they actually exist [26, p. 711].
The doctrine about the principles and practice of classification is called taxonomy [3, p. 14].

Defects of Classification
Not everything declared as classification is classification.
A writer from Argentina, Jorge Luís Borges cites an extract from "some Chinese encyclopedia" in the essay "The Analytical Language of John Wilkins".It presents a classification of animals and says that those "are divided into: (a) belonging to the emperor, (b) embalmed, (c) tame, (d) sucking pigs, (e) sirens, (f) fabulous, (g) stray dogs, (h) included in the present classification, (i) frenzied, (j) innumerable, (k) drawn with a very fine camelhair brush, (l) et cetera, (m) having just broken the water pitcher, (n) that from far away look like flies" [1, pp. 416-420].
It is clear that this huddle of ideas is not a classification.However, in a considerable number of modern scientific research works gross violations of rules of scientific classification take place.
And this makes us turn to this subject.

Concept, Nature, and Purposes of Classification
The term "classification" is rather widely used, however, its particular content can often depend on the context of its application.The product of classification is a logically interconnected complex multicomponent construct.
Classification is applied, as V. M. Syryh says, to arrange the studied array of phenomena, processes by their division into steady groups, types [14, p. 280

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procedure of creation of classification, constructed classification, and procedure of its use [10, p. 6].

Purposes of applying the classification method:
-systematization and organization of knowledge, representation of knowledge in a form which is reliable and convenient for review, recognition, and comparison (the systems of classification developed for scientific purposes), reflection or establishment of the order of things; -representation of knowledge; -use of knowledge (for example, encyclopedic systems of classification); -mediated providing of knowledge (the library system of classification of UDC, indexes of ISBN editions, indexes of ISSN magazines, etc.).
According to one of the simplest definitions of this term, classification is an activity of defining an object's belonging to a certain category according to the characteristics of such an object [18, p. 1].
Another famous definition goes as follows: "Classification (from Latin: classis -category, class, and facio -I do, I set up), the system of coordinated concepts (classes of objects) of any area of knowledge or activity of the human, which is often presented in the form of schemes (tables), various in form, and used as a means to establish connections between these concepts or classes of objects, and also to orientate in a variety of concepts or corresponding objects.Scientific classification fixes natural links between classes of objects for the purpose of locating an object in a system and indicating its properties" [15, p. 257].
According to N. I. Kondakov, "classification is distribution of objects of any sort to classes according to the most essential characteristics inherent in objects of this sort and distinguishing them from objects of other types, thus, each class takes a certain constant place in the system and, in turn, is divided into subclasses" [6, p. 214].
As Yu. A. Shreider writes, "classification [as a process] is, first of all, a reduction of some subject field to a system, establishment of relations of congeniality between these objects and grouping those into classification cells -taxons based on a relationship degree.Classification [as a result] is a grid of taxons of various ranks, in which any object from the considered subject field finds its place" [16, p. 3].
Anyway, classification is not only division and distribution of a certain set of objects into groups of almost uniform, similar objects and arrangement of such groups in the necessary sequence.
It is impossible and groundless to reduce classification to knowledge of the relations of identity and distinction, states S. S. Rozova, as in such a case it would be impossible to distinguish classification from simple comparison (identification and distinction) of objects, which is not classification in itself.But what makes classification a classification?[10, p. 14] Speaking about classification as about one of the applied methods of scientific research, it is reasonable to distinguish three main stages of conducting a scientific research in such areas as law, economy, human sciences: 1) observation (or collection) and description of initial (provided or independently obtained) data; 2) systematization of knowledge (including by means of classification); 3) explanation (interpretation, explication) and generalization of explanations.
Classification is an important part of science as any extent of classification represents more advanced stage after collecting some scattered data, and it is applicable to various sciences, to biology and chemistry, to social sciences and law [22, p. 331].
S. Batley distinguishes the following levels of classification: -individual; -general; -informal; -formal [19, p. 3].At a simple level of understanding, classification is a method of division as a logical operation over concepts or data for the purpose of scientific knowledge.
In a complex interpretation, according to our definition, classification is an integrated logical operation as a base of the homonymous method of scientific comprehension, cognition, explanation, and description, which provides and includes the following actions and procedures in their general logic: -positioning of the basis (bases) of the division taken as a classification basis; -systematization (generalization) of the array (volume, variety) of data or images of objects (objects, phenomena, processes, interrelations) with the ordered, structuring, and hierarchizing division

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and distribution (set of divisions) of discrete (subject to sampling and falling under it) objects of some subject and object area (objects, phenomena, processes, interrelations) on a certain basis or set of the bases) into categories (categorization), groups, or classes on the basis of their certain similarity or similarity (or attributability and comparability) in some aspects of properties under specification; -categorization, indexation of elements of classification (attributing of reference characteristics to elements); -topologization (assigning each element an appropriate place in a certain real or imagined order), as a special case -cataloging; -representation of each element (object) and/or each group of elements (objects) in a reliable and convenient for observing, recognition, identification, and comparison form of all groups of objects (all objects) of this subject and object area, reflecting as much as possible essential information on them.
Classification acts as a method of formation and/or reflection of the real or imagined order.
According to the definition given by one of the authors of the article, the order is an actually existing substantive (i.e.possessing independent existence, in particular due to the property of negative entropy), or conditionally presumed (predictable, believed) or projected and/or artificially created and supported spatiotemporal, functional and logical, syntactic or morphological topology (a scheme, a matrix) in relation to a rather stable state (including the state possessing some invariance, or the state of stable development) of a set of objects or elements having certain fixed interpositions and interrelations, within and on the basis of which [topology] sets of parameters are attributed to each such object or element (each group of objects or elements) and bind (constantly or temporarily) the latter to a definite "image of a place" in this topology or to a certain state [see: 9, p. 9].
Let us consider classification as a method of organization and representation of knowledge, a method of conducting scientific research, and also features of scientific classification.
Classification can act as an independent and self-sufficient research method and as an auxiliary research method, using which further conclusions can be drawn.
In the second case, this method is used most often, e. g. lawyers apply it in their daily activity to analyze the hierarchy of legal norms.

Classification Basis
Classification can be run on various bases of division (criteria).
The classification basis, as V. M. Syryh notes, represents any characteristic, property inherent in the object of classification; as the basis of scientific classification it is necessary to take mainly intrinsic, main characteristics, properties of the studied set [14, pp. 281, 285].
In most cases, the deficiency of classification is caused by the incorrect choice of the basis of division.
According to V. M. Syryh, "without detailed studying the issue of the classification basis, the validity of reasoning on the elements of classification does not surpass reading tea leaves" [14, pp. 281, 285, 287].
Each division should be based on an essential characteristic, as M. S. Strogovich writes, but the basis of classification can (and should) be "the most essential characteristic, the one which all other characteristics of the classified subjects and phenomena depend on and ensue from" [12, pp. 137-138].
According to one of the key requirements to the basis of classification, "some specially chosen set of its values should provide partition of all the studied objects into "natural" classes, i. e. such subsets, elements of which possess an (approximately) identical set of all the essential properties" [10, p. 18].
The basis of classification should have such properties that elements of the classification represented, according to N. Zverev, "the highest degree of tension of similarity" [4, p. 103].

Methods of Classification and Their Types
Within the framework of a scientific research, the choice of the method of classification and the basis of classification is determined by the purposes of such a scientific research and directly by the purpose of creating the classification.

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Though, in V. M. Syryh's figurative comparison, a large number of classifications is as useful to the researcher as steroids to the athlete [14, p. 282], there is no way to avoid their vast variety.
Today, various theories of classification are developed and various approaches to classification are used, there is a set of various ways and methods of classification.We will consider the main approaches.
If to speak about general approaches to the ways of classification in general, without taking into account the purposes of classification, subject and object area of a particular research, and also specific characteristics of the classified objects, existence of various methods of classification should be noted.
S. Chakravarti distinguishes the following main types of classification: -qualitative classification (on the basis of immeasurable characteristics of the classified objects); -quantitative classification (on the basis of measurable characteristics, by means of establishment of arbitrary restrictions for each category); -temporal classification; -spatial classification [20, pp. 3-4].S. S. Rozova distinguishes the following two classifications -descriptive (more advanced version -descriptive classification with explanation) and intrinsic [10,  The following methods of classification can reasonably be identified on the subject basis (in practice the used schemes of classification combine both of these methods): 1) enumerative classification -definition and "distribution" of all objects meeting certain parameters or templates, that is attribution of an image of location in some topology to each object; enumerative classifications seek to include all possible objects; such enumerative approach to classification allows one to show hierarchically the main objects and their interrelations in groups and subgroups determined in advance (a striking example is a family tree, where the number of subgroups of the lower level in relation to a certain group can make up one, i. e. the only unique element (the only child in the family), which is absolutely inadmissible from the perspective of the logical classifying division within the classification based on certain properties of the classified objects: the lack of two or more elements excludes the formation of such a subgroup in general, the only element is incorporated by a higher position); 2) descriptive classification (typologization, classification based on certain properties of the classified objects and built on the use of designations for the main objects along with designations for special objects, in particular delimiting general objects from specific (special) ones): 2.1) qualitative (intrinsic) classification -built on the basis of immeasurable (incalculable) characteristics of the classified objects; 2.2) quantitative classification -built on the basis of measurable (countable) characteristics of the classified objects; 3) structural classification.
In the majority of sciences, researchers deal mainly with the "descriptive" division of the array of the objects under study, necessary for the subsequent research [8, p. 68].
Sue Batley considers such advantages of the method of enumerative classifications as their broad application and prevalence, possibility of using short and reduced designations in such schemes, and also their visibility for the demonstration of hierarchical relationships between the analyzed objects.Sue Batley, also, names certain shortcomings of this method of classification, e. g. it does not allow one to consider all new objects appearing in the future and falling under such classification.At the same time, leaving special gaps in classification, which can be used in the future for its adaptation to new changing conditions, is inefficient as such gaps can be located not completely correctly.Besides, there can be some difficulties with inclusion of all, even major, objects under consideration, into such scheme [19, pp. 7, 9, 10].
Birger Hjørland notes that scientific classification, in itself, is an extremely abstract and generalized way of organization of knowledge [23, p. 94].
At the same time, the following methods of classification can be reasonably distinguished based on the degree of abstractness: 2) concretizing (substantive) classification.Joseph Tennis defines abstract classification as a method which assumes refusal to use empirical methods in favor of axiomatic methods; if to draw an analogy to mathematics, it is a transition from applied mathematics to abstract mathematics.Abstract classification based on sufficient data obtained in the practical way allows one to provide the development of hypothetical probabilities, establishing balance between restrictions and existing requirements [28, p. 189].
The following methods of classification are reasonably distinguished on the basis of the classification formation direction: 1) classification whose formation is based on the induction method; 2) classification, whose formation is based on the deduction method.
Deductive construction (from general provisions to particular conclusions) of a classification scheme means, as B. Yakushin notes, that the operation of division of the volume of the most general concept is used, the concepts are operated with, and based on the similarity or distinction of their characteristics relations depending on their type and kind are established between them, while inductive construction (from particular facts, provisions to general conclusions) of a classification scheme means that particular objects united in a class based on the similarity and distinction of their characteristics are exposed to analysis [17, pp. 523-524].
The following methods of classification are reasonably distinguished on the basis of the number of the hierarchy levels (or on the basis of the depth of the classifying coverage of the studied objects): 1) simple classification (2-4 levels of classification); 2) deep classification (5 and more levels of classification).
A special case of classification is dichotomizing classification, which positions as a set of a characteristic's values only one option and its denial (stable and unstable), or equally two different, the only existing options (two genders -the man and the woman).But "the dichotomizing tree" (division of the class is accomplished by a certain characteristic every time exactly into two subclasses) can already be a deep classification.
The method of deep classification, according to Joseph Tennis, assumes possibility of supplementing the classification with a set of specific bases and aspects with simultaneous preservation of the current sequences [28, pp. 188-189].
Moreover, complex systems of classification (nonparametric classifications, classifications in the conditions of uncertainty, classifications by two and more bases of division -with one basic, etc.) are distinguished.An example of complex classification is D. I. Mendeleyev's Periodic system (table ).

Classification within Scientific Research
Scientific research always includes classification, without the classification method (in its direct or indirect involvement) the planned research objectives cannot be achieved.Using the classification method, a researcher seeks to explain and connect various phenomena by means of analyzing relationships of cause and effect between them, achieving reflection of the real situation.
Requirements to classification: 1) accuracy of division: -rigidity and clearness in positioning the basis of division; -members of classification (categories within classification) have to be capable of being described in a comprehensive and relevant way (for the classification purposes), have to be various and distinguishable among themselves, separate from each other, nonintersecting or even mutually exclusive; -division continuity (to the lowest distinguished level); -invariance of the bases of classification during the whole procedure of classification; -harmony of division; 2) completeness of coverage of the classified objects (all the objects have to be taken into consideration); 3) logical rigidity of structural division; 4) approximation to the greatest possible achievable accuracy of the terminological marking of the basis of classification, classified (formulated in the course and as a result of classification) elements and their groups; 5) relevance of the classification as such.

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Concerning the last statement, V. M. Syryh fairly noted "that it is not so difficult to provide new classification, it is much more difficult to prove its scientific and practical importance" [14, p. 280].
A classification which is carried out strictly and accurately at the same time sums up the results of the previous development of this branch of knowledge and marks the beginning of a new stage in its development.Classification promotes the movement of science from the step of empirical accumulation of knowledge to the level of theoretical synthesis.A classification based on scientific bases does not only represent a picture of the state of science or its fragment in an expanded form, but also allows one to make reasonable forecasts concerning the facts or regularities, so far unknown [15, p. 257].
It is reasonable to distinguish the following main stages of conducting scientific research: statement of a problem taken as a research basis; statement of a purpose and definition of the research problems; formation of the preliminary plan of research, choice and designation of the main research directions; development of the technique of collecting and processing data, selection, joining and application of the research methods which are subject to involvement; classification of the obtained data and their further processing; interpretation and summarizing of the research, development of the resultant conclusions.Thus, classification occupies the intermediate stage between the stages of data collection and their processing, but it also acts as an independent scientific method at other different investigation phases.
Within scientific research, the goal-setting of the scientific classification which is subject to application, the selected bases and the chosen type (types) are determined by the formulated purpose and problems of the research or particular research segment (direction), hypotheses, specifics of the array of empirical data subject to classification.
Upon termination of the data collection process, a researcher turns to their analysis, which demands carrying out a number of closely connected operations, such as creation of categories, application of these categories to the untreated data, drawing up tables, and then making statistical conclusions.The whole extensive data array has to be processed so that further it would be possible to work with them, and, respectively, the researcher has to carry out classification of data [25, p. 18].
Further, from the question what else (what object) to integrate into the created classification, the researcher turns to the question what other bases for classification we can formulate, whether we can complicate the created classification by means of introducing one more basis of division of objects.
As A. L. Subbotin states, classification carries out an important methodological function: systematizing a certain subject area, it simultaneously sets the general direction of its further purposeful research [13, p. 10].

Classification within Scientific Research in the Field of Law
Scientific research, including that in the field of law, demands obligatory classification and logical arrangement of the used or obtained data.
According to V. M. Syryh, classification in jurisprudence finds the broadest application, as it is impossible to bring the whole variety of legal and other (legally significant) phenomena, processes forming the object in the legal science, to a certain and easily foreseeable unity in any other way [14, p. 282].
A striking example is a dispute on the status and role of sports, educational, medical law: whether these are branches of law, branches of legislation, directions of legal regulation or something else.
Thus, classification as a stage and as a method of conducting scientific research in jurisprudence possesses certain specifics.
According to Jerome Hall, within legal classification it is impossible to carry out categorization of exclusively actual terms without loss of specifics of law, and the existing branches of law themselves are characterized by a certain arrangement, which is beyond regular cataloguing [22, pp. 331, 339].
Jerome Hall notes the following characteristics of classification in the field of law: -classification has to be a continuous and proceeding process; -there is a need for continuous search for more suitable and effective classifications, as the approach, according to which each classification is self-sufficient and comprehensive in itself and there are no standards for classification assessment without interests of a particular qualifier, is not relevant -in jurisprudence, to classify objects it is necessary to define basic units by analogy with types and elements in chemistry or biology; -there is also a need for defining distinctive specific features of such units in order to make it possible to identify and classify them to provide an opportunity in order to make broader assertions; -classification should not be taken "from air", and has to be developed only along with discovering the significant uniformity, similarity or associativity, and interactions between the considered objects [22, p. 330].
Legal classification can also be not just a subject of purely theoretical interest, but have a serious practical value, for example, in case of classification of offenders -to provide the due attitude to them in judicial authorities and correctional facilities [21, p. 536].
Besides, to carry out classification within research works in the field of law more effectively, some special methods should be used, such as, transition from the exclusively abstracted actual situation reflected in a hypothesis of a legal norm to social sciences for more thorough modeling of practical situations (e. g. from legal norms concerning abnormal mental states to research works on psychiatry for more detailed description of the modeled situations).And such approach does not assume transition from law to other sciences in general, it is reconstruction, creative processing and specification of concepts used in other sciences in order to make it possible to consider them within a legal framework [22, p. 341].
V. D. Gusarev and O. D. Tihomirov classify the components of methodology of jurisprudence by different criteria and bases, distinguishing the following positions (thereby once again emphasizing the role and value of classification in jurisprudence): -its vertical (hierarchical) and horizontal (single-level) structure; -methods of the organization (formation) of scientific knowledge and implementation of scientific research; -methods of reflection of objects and change (transformation) of their scientific images; -general, general scientific, specific scientific methods; -theoretical and empirical parts of methodology, and in both cases it is possible to distinguish methods of reflection and transformation [2, pp. 68-73].

Problems and Limits of Employing the Classification Method
There is an opinion that scientific classification is a very restrictive and rigid way of categorization of objects owing to specifics of particular branches of science [23, p. 93].
Modern requirements to scientific research are aimed at providing a more exact, complete, and effective idea, explanation and even predictive analysis of reality.Respectively, the requirement of accuracy is imposed to the realization of such a scientific method as classification, as well.
However, classification is a process with which some certain schematizations and simplifications are interconnected.
According to N. O. Losskij, "the developed, traditional doctrine of logic about division of the concept and, therefore, also about classification is treated as simple, clear and exact", however, a problem is that "this logical ideal of classification is often in practice absolutely impracticable.Referring to abstract and ideal subjects, for example, objects of mathematics, it is feasible in most cases, but it is often unattainable when it is necessary to classify real objects forming a system with an uncountable set of transitional forms and versions, in particular, if classification is carried out not for the sake of a narrow, special task, and seeks to be "natural"" [7, p. 150].
Basically, a considerable number of classifications have a very conditional and simplifying character.Classifications of federal states, known from scientific and educational literature, can serve as an example (actually, the number of federations in the world determines the number of their models).
Jens-Eric Mai estimates it a little less strictly, saying that classification activity includes certain interpretative flexibility [26, p. 711].

Conclusion
Jens-Eric Mai distinguishes the three following characteristics of the modern theory of classification: -classifications are beyond purely pragmatic and technical issues; -акцент на объективность более упоряд , оченные и систематические классификации что , позволяет создавать системы взаимоисключа ющих и непересекающихся категорий что не , позволяет интерпретировать такие классификации каким-либо иным образом; -акцент на глобализации и стандартизации ( , разработка законов и принципов общих для всех классификаций) [26, p. 726 Three decades ago, S. S. Rozova stated the judgments quite topical even today: "The classification problem is one of the most acute methodological issues of modern science.Numerous conferences are devoted to its discussion, literature concerning classification has tens of thousands of publications … Quality of particular classifications, as a rule, is unsatisfactory.Creation of new classifications encounters numerous and various difficulties, overcoming of which is impossible due to the lack of the necessary theoretical and methodical means.Development of these means rests against the ambiguity of the concept of classification, lack of clear ideas of classification as a special phenomenon of knowledge, which actually demands philosophical, gnoseological analysis of the named problems" [10, p. 3].
Over the past decades, these scientific problems have not been solved yet.