Interdisciplinary approach in modern jurisprudence: mathematization, standardization, digitalization
Автор: Puchkov O. A.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Общие вопросы теории права. История правопорядка
Статья в выпуске: 2 (29), 2021 года.
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The article deals with the issue of the lack of interdisciplinary approach methodology in modern jurisprudence. The author analyzes the core tendencies of legal interdisciplinary researches, including mathematization, standardization and digitalization. Basing on the methodological reconstruction of the application of these approaches, the author comes to the following. First, syncretic attitudes in modern legal research do not contribute to the convergence of knowledge to the extent that legal scholars do not have an understanding of the methodological essence of syncretism. Secondly, the application of the mathematical approach and methods of natural science, erroneously interpreted as methodologically uniformones, in jurisprudence, is an unjustified, “mechanical” methodological extrapolation. This, in turn, leads to unjustified attempts to substantiate the concepts of algebra of actions, legal integral, etc., which do not have a real ontological basisin the legal field. Thirdly, the insertion of so-called legal standards (including, e. g., “anti-corruption standard”) isunreasonable methodologically, because any standard presupposes informational, algorithmic, linguistic and organizational provision, the achievement of which is not always possible in legal practice. Fourthly, an uncritical attitude to the epistemological specifics of digitalization, the phenomena of a digital society, sometimes leads lawyers to the unjustified conclusion that the introduction of digital technologies into the social and legal sphere is a process that in its essence is no different from the previous revolutionary stages of production development, as, for example, the mechanization of labor. In this logic, the specificity of digitalization as such is leveled, and the main contexts of legal understanding of the phenomena of digital society become not conceptual, but terminological.
Digitalization, mathematization, standardization, legal methodology, interdisciplinary approach, scientific methods
Короткий адрес: https://sciup.org/14119530
IDR: 14119530