| Article | Anti-Methodological Discussions on the Efficient and Equitable in the Law |
|---|---|
| Authors |
Aleksandrov О.
|
| Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
| Issue | 1 / 2014 |
| Pages | 203 - 213 |
| Annotation | As the initial position the author identified two main points: a rejection of absolute values of law and epistemological anarchism. The law has a relative historical value and there may be a number of approaches to its understanding. Methodology is a set of assumed self-restraint (or imposed by institutions of «normal science») in the means and objects of knowledge. The law must be analyzed from different angles, using different methods, in accordance with practical needs. Jurisprudence is a kind of a game, and scientific value is determined by the criteria of beauty and entertaining, but not objective truth. The author notes the implications of a linguistic turn, which are characteristic of post-classical science in the form of the «forensic linguistics». The hypothesis of a grammatical nature of legality is explained in the article. Criminal Procedure Law, as the order of court procedure, emerged from the standards of «proper» speaking (grammatical and rhetorical), which formed during the public discourse development. In the second part of the paper the relevance of class-based approach to understanding of the law is explained. The author also reveals the essence of the new criminal economic policies in Russia in recent years. The right is the text of law, the meaning of which is imposed to the rest of society by the ruling class by means of a rhetorical device and institutions of coercion. According to the author, the new economic criminal policy is unfair, and therefore ineffective. Justice — is both original start in the interpretation of the text-law, and its ultimate goal. The law is the meaning of the law, which we understand, but feel as fair and experience a positive emotion. Scientific value may have only a multi-disciplinary research (at the intersection of sociology, anthropology, psychology, linguistics, biology). |
| Keywords | methodology of jurisprudence, postmodernism, class approach, forensic linguistics, law, text. |
| References | |
| Electronic version | Download |