Article title Concept of Comparison as a Constituent of Postmetaphysical Legal Thinking: Experience of Epistemological Transformations
Authors
Name of magazine Scientific-practical professional journal «Comparative Law»
(Ukrainian language)
Issue 1-2/2013
Сторінки [232-241]
Annotation

Constituent of immanent (relating to jurisprudence) space of overcoming of metaphysic and forming law-as-philosophy (sphere of independent deconstruction of meanings) are demand of modern intellectual situation within jurisprudence. Achievement of this goal presuppose of creating of jurisprudence’s intellectual field. Ones is building on dialectics material of thinking and procedural activity of thinking, i. e. deontologysation of legal constructions — manifestation of its as the schemes of methodological thinking. Such dialectic expresses as monistic gnoseology — representation of jurisprudence as field of independent and different philosophic-methodological thinking.

The main problem of contemporary jurisprudence is the absence construction of transition to postmetaphysic within its borders. All fields of philosophically-methodological reflection — philosophy of law, sociology of law, theory of law, law dogmatic — inevitably reproduce of metaphysic.

Asserted that justification of legal comparison as speculative reflection of law and mean of law discoursivisation as independent philosophy are main opportunities of contemporary jurisprudence. Legal comparison as philosophy is a procedure of withdrawing gnoseology — legal comparison is the sphere of deconstruction of legal dogma into philosophy reflection.

 
Keywords legal comparison, postmetaphysical thinking, epistemology, legal discourse, philosophy of law, law dogmatic.
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