Concept of Russian Legal Realism in the Postclassical Paradigm

Introduction. Postclassical jurisprudence is characterized by the integration of an analytical and empirical approach to researches, which has been notably evident in recent decades. Legal realism combines the theories of natural law and exclusive positivism within the framework of an updated version of the sociological legal understanding. Relying on empirical data in law makes it possible to prepare future lawyers for practical work and develop the skills necessary to advocate equality in access to justice and fairness in the issuance of law enforcement acts. Methodology and materials. The research is based on descriptive, formal-logical and comparativelegal methods. When comparing the phenomena of law and legal order, the methods of structural and system analysis are used. The analysis of the usage of the term “Russian legal realism” introduced in 2012 is carried out, including the need to separate it from such concepts as “St. Petersburg School of Law”, “L. I. Petrazhitsky’s Psychological School of law”, “Russian legal thought of the late XIX – early XX century”. A comparative study of Russian, American and Scandinavian variants of legal realism is made, and on its basis the affiliation of realistic jurisprudence in Russia to the postclassical paradigm is substantiated. Research results and their discussion. The processes of formation and evolution of the concept of Russian legal realism are examined, philosophical and legal views that have influenced the modern legal order are comprehended. It is established that the formation of Soviet law took place under the dominance of the psychological theory of law, actualizing the value of personality in history. Conclusions. The role of the postclassical research program in the comprehensive understanding of legal phenomena is confirmed. The foundations of the concept of Russian legal realism are articulated. A new approach to the relationship between the phenomena of law and law and order is proposed, the structure of law and order is substantiated, which contains, along with normative legal acts, a body of law enforcement acts, educational institutions of a legal profile, and public authorities that create and apply legal regulations.