Rehabilitation of common sense: law and justice in sight of metamodernism

One of the relevant tasks of social sciences, including jurisprudence, is identification of the modern humanity condition after the collapse of the postmodern philosophical and historical model was ascertained. Its solution involves the creation of a concept of reality that contains objective ontological attributes and can be used as a basis for searching for epistemological resources required for access to it. The article analyzes the possibility of using theoretical and methodological tools for these purposes, offered by two new intellectual practices, namely metamodernism and speculative realism. In particular, it concerns such concepts as the “structure of feelings” and “metaxis.” while within them, the concepts of “unity,” “general,” and “norm” displaced from it return to social cognition. The type of sensitivity characteristic of modern times is considered to be “common sense” which can become an objective basis for obtaining general knowledge about the world, as well as for clarifying the concept of “natural law” and its substantive content. The structure of reality proposed by speculative realism enables to overcome the legal relativism imposed by postmodernism and develop a consistent understanding of law and justice.

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Publication Details

Journal
Russian Journal of Legal Studies (Moscow)
Published
2024-12-10
DOI
https://doi.org/10.17816/rjls642596
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
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article

Rehabilitation of common sense: law and justice in sight of metamodernism

Dmitry S. Chukin
Russian Journal of Legal Studies (Moscow)
Law in Society and Culture
article

Rehabilitation of common sense: law and justice in sight of metamodernism

Dmitry S. Chukin
article en

Abstract

One of the relevant tasks of social sciences, including jurisprudence, is identification of the modern humanity condition after the collapse of the postmodern philosophical and historical model was ascertained. Its solution involves the creation of a concept of reality that contains objective ontological attributes and can be used as a basis for searching for epistemological resources required for access to it. The article analyzes the possibility of using theoretical and methodological tools for these purposes, offered by two new intellectual practices, namely metamodernism and speculative realism. In particular, it concerns such concepts as the “structure of feelings” and “metaxis.” while within them, the concepts of “unity,” “general,” and “norm” displaced from it return to social cognition. The type of sensitivity characteristic of modern times is considered to be “common sense” which can become an objective basis for obtaining general knowledge about the world, as well as for clarifying the concept of “natural law” and its substantive content. The structure of reality proposed by speculative realism enables to overcome the legal relativism imposed by postmodernism and develop a consistent understanding of law and justice.

Russian Journal of Legal Studies (Moscow)Vol. 11(4)
Perm Military Institute (RU)
Openalex Percentile: Top 51%
Law in Society and Culture
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