Savenkov D.A. —
A. Hagerstrem's Legal Views: the Conflict of Idealistic Objectivism and Psychologism
// Legal Studies. – 2022. – ¹ 3.
– P. 9 - 18.
DOI: 10.25136/2409-7136.2022.3.37632
URL: https://en.e-notabene.ru/lr/article_37632.html
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Abstract: The subject of the study is the legal views of A. Hagerstrem, a Swedish philosopher, lawyer, founder of the intellectual trend in European legal science and epistemology, which has received the name of Scandinavian legal realism. The positions of this scientist constitute a significant milestone in the history of the philosophy of law of the twentieth century. At the same time, they remain poorly studied, both in Russian and in European literature. Among the few studies devoted to the study of the content and specifics of A. Hagerstrem's legal views, the similarities of his main positions with the ideas of phenomenological teaching are mostly uncritically reproduced, parallels are drawn with those movements in jurisprudence and philosophy that declared a struggle against metaphysics. Special attention is paid to the analysis of the nature of the conflict of principles of the concept of objective cognition and psychologism in law. The article presents brief results of the analysis of both the principles of the epistemological teaching of A. Hagerstrem, and provides a deeper analysis of the content of legal representations in comparison with traditional interpretations of his views. Moreover, the study demonstrated that the principles of the epistemological teaching of this scientist significantly contradicted the ideas of his so-called practical philosophy in the field of the study of law. The nature of the relevant conflict can be explained by an attempt to combine idealistic objectivism with a psychological approach to understanding law. The study contains the results of the analysis of A. Hagerstrem's legal ideas, which allow us to significantly clarify the nature and content of the views of this scientist in the recent history of legal thought.
Savenkov D.A. —
The meaning of the "ideal type" construction for the formation of the conceptual apparatus of sociological and psychological theories of law
// Law and Politics. – 2022. – ¹ 3.
– P. 1 - 10.
DOI: 10.7256/2454-0706.2022.3.37633
URL: https://en.e-notabene.ru/lpmag/article_37633.html
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Abstract: The article examines the features of the formation of the conceptual and methodological apparatus of sociological and psychological theories of law from the point of view of the use of such a key concept as "ideal type" and its analogues. The study demonstrates that, although both areas of study and understanding of law – sociological and psychological – were based on empirical research methods and corresponding logical-conceptual constructions, quasi-rationalistic techniques were essential for them, which gave the character of an "understanding" science, which is not limited only to descriptive tasks, but claims to express normative judgments. Using the example of the ideas of M. Weber, R. Stammler, V. Wundt, G. Radbruch, L.I. Petrazhitsky and some other legal scientists and social philosophers, the spread of the "ideal type" technique and its analogues in empirically oriented theories of law is shown. The novelty of the research lies in the fact that it presents original judgments about the role and meaning of the "ideal type" construction for the formation of the conceptual and logical apparatus of socio-psychological theories of law in the recent history of legal thought. It is demonstrated that this construction is a characteristic method of analyzing law in psychological and sociological approaches to it, and is present in one form or another in a wide range of relevant areas of legal thought. The study shows that the construction of the ideal type is associated with such socio-psychological attitudes as "healthy legal psyche", "normal legal consciousness" and others.
Savenkov D.A. —
Scandinavian Psychological Theory of Law
// Law and Politics. – 2022. – ¹ 2.
– P. 11 - 18.
DOI: 10.7256/2454-0706.2022.2.37607
URL: https://en.e-notabene.ru/lpmag/article_37607.html
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Abstract: The article examines the nature and main characteristics of the legal views of Scandinavian lawyers, who are traditionally identified in the history of modern legal thought as representatives of legal realism. The focus is, first of all, on the nature and methods of substantiating law as a psychological fact, which largely determines the profile of the legal views of Scandinavian realists (on the example of the writings of A. Hagerstrem and A. Ross). In this regard, the psychological orientation of the theoretical and legal views of the Scandinavian realists makes it possible to more accurately highlight the question of the place, meaning and orientation of the psychological by its nature Scandinavian theory of law in the history of modern legal thought. In addition, the study focuses on the features of epistemological approaches underlying the legal views of the realistic movement in legal thought in the Scandinavian countries. Â The novelty of the research lies in the fact that it gives a problem-critical assessment of the content of the legal views of the Scandinavian realists, determines the specifics of the semantic load of realism as an epistemological attitude underlying their philosophical, ethical and legal views, reveals the peculiarities of the interpretation of law as a psychological fact, and also demonstrates the possibilities of typologizing the corresponding ideas about law as a psychological theory law and its regional interpretation. In addition, clarifications are made to the definition of the place and significance of the psychological theory of law of Scandinavian authors in the history of pan-European legal thought, and some essential features of psychologism in the legal understanding of the considered regional group are identified.
Savenkov D.A. —
The problem of theoretical-methodological “refinement” of jurisprudence
// Legal Studies. – 2021. – ¹ 12.
– P. 1 - 9.
DOI: 10.25136/2409-7136.2021.12.37178
URL: https://en.e-notabene.ru/lr/article_37178.html
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Abstract: The subject of this research is the essential characteristic of the history of legal thought of the last two centuries, which directly pertains to the theoretical-methodological fundamentals of legal theory. In the conditions of the object-disciplinary establishment of legal science as the theory of law since the end of the XVIII century, crucial significance has acquired the orientation towards demarcation of logical-gnoseological and real-psychological aspects of legal understanding. The article analyzes the peculiarities of the corresponding theoretical-methodological opposition, which manifested in the appeals to the construction of “refined” legal concepts that exclude any real arguments of social, historical, political, or psychological nature. By the end of the XIX century, namely in the field of the philosophy of law, has escalated the competition between psychologism and anti-psychologism in law. The novelty of this research lies in determination of the new patterns of theoretical and methodological opposition of psychological and anti-psychological attitudes of legal understanding in the evolution of legal thought in contemporary history. It is demonstrated that the phenomenological approach, which claimed to provide jurisprudence with an authentic scientific methodological apparatus, reduced the problem of legal understanding, however, did not contribute to the adequate understanding of law as a complex gnoseological object. Anti-psychological classification of phenomenology cannot be acknowledged without a profound analysis of the conceptual framework that contributed to the evolution of this approach in the sphere of cognition and interpretation of law.