Article title Logic of Post-Philosophy as a Discourse of Creating a Legal Methodology
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 8/2014
Сторінки [157-168]
Annotation Contemporary jurisprudence has appeared before opportunity and necessity to introduce itself as a sphere of independent methodological thinking, i.e. self-awareness as a project of «law-as-philosophy». To go over jurisprudence on the background of intellectual field of European metaphysic is demand to discover legal thinking’ own structures. The Content of reflection of philosophical nature of law is determined by establishing whether jurisprudence is metaphysical by its nature, in other words whether the legal substantiation of metaphysics is possible or algorithm of its making its philosophy is the mechanism of legal overcoming the metaphysics. Discourse of philosophical and methodological originality of jurisprudence has no prospects without problematization of the own logic of law – apriorization of logical eliminates the institutionalization of the methodological. Formality of logical implication doesn’t ensure legal assertions’ logicality. Jurisprudence does not refer to a single logical foundation; logic does not separate from discourse: language and logic are inseparable and thereby law becomes a logical language. The necessary prerequisite for philosophical discourses within law is explication of logical schematics of law. Personal content of the law-as-philosophy discourse is a deconstruction of legal logic. Such deconstruction is a discourse of legal methodology permanent creating. Circle construction of legal comparison is instrument of mentioned discourse.
Keywords law-as-philosophy, metaphysics, post-philosophy, formal logic, practical syllogism, legal methodology, circle construction of legal comparison, deconstruction of logic.