The Legal Turn. The Search for Philosophical FoundationsстатьяИсследовательская статья
Статья опубликована в высокорейтинговом журнале
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Дата последнего поиска статьи во внешних источниках: 26 августа 2020 г.
Аннотация:In the second half of the twentieth century and the beginning of the twenty-first, philosophy marched forward under the slogans of “turns”: the pragmatic turn, the linguistic turn, the realistic turn, the cultural turn, and so forth, all of them calling for a return to their origins and a consciousness of their viewpoints as the consequences of certain philosophical ideas, to a consciousness of themselves as revivals of philosophical schools and movements to a greater extent elicited, however, by the state of philosophy of that time, by its requirements and expectations. The collapse of the Soviet Union and transformative processes in Eastern Europe established the bedrock for a reconsideration of the philosophical basis of law in Russia. The need arose to create new legal systems that took into account both the prior socialist experience and the national characteristics of the new, emergent states. Once again, we witnessed the old truth that simple adoption of legal systems operating successfully in other countries would not yield the expected results, and that an engagement with those national legal traditions and schools that take a country’s cultural and historical features into account would prove necessary. The search for a balance between adopting the experience of developed legal systems, both Western European and Anglo-Saxon, and inserting them into the developed legal systems of national and historical singularities has become a central topic of discussion not only among legal scholars, but also among philosophers. This situation described reflects a development focused primarily on creating national legal systems. At the same time, however, the opposite trend is developing in the field of law: unification, a generalizing trend associated with globalization, which requires the creation of a supranational meta-legal field. Here again we see the problem of finding a balance, though in this case not between national systems, but between national and international legal systems.