Journal of Siberian Federal University. Humanities & Social Sciences / The Principle of Relativity in the Post-Classical Theory of Law

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2020 13 (1)
Authors
Chestnov, Il’ia L.; Samokhina, Ekaterina G.
Contact information
Chestnov, Il’ia L.: St. Petersburg Institute (branch) of University of the General Prosecutor’s Office St. Petersburg, Russian Federation; ; ORCID: 0000-0003-2083-5876; Samokhina, Ekaterina G.: National Research University Higher School of Economics St. Petersburg, Russian Federation; ; ORCID: 0000-0002-8030-8034
Keywords
relativity in law; methodology of legal science; Post-Classical methodology of law; autonomy of law
Abstract

The article discusses up-to-date methodological issues of relativity in legal science. Relativity considered as the relativity of knowledge about an object characterises modern Post-Classical philosophy and science. Radical relativity as a pluralism in the sphere of values causes the well-founded concern of many scientists. The authors of the article propose their own vision of the content of relativity as a methodological principle of the Post-Classical legal science. The Post-Classical methodology used by the authors suggests criticising classical jurisprudence and dialogism (the interdependence of opposing points) as a positive programme. Relativity in law, according to the authors, is the pre-dependence of law by the social and cultural context, the interdependence of law and other social phenomena. Law does not exist “in its pure form”, but always appears as a side or aspect of the psyche, culture, economy and politics. Such an approach is not identical to arbitrariness, since law, in conjunction with other social phenomena, is intended to ensure the integrity of society. The proposed approach provides a deeper picture of a multidimensional legal reality and represents a version of a new Post-Classical methodology that is adequate to a contemporary society

Pages
42–49
DOI
10.17516/1997-1370-0540
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/129903

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