Prospects and Problematic Issues of naturalistic Jurisprudence
The article presents controversial issues related to the nature of law in modern jurisprudence. The search for the nature of law as its foundations is conditioned by the worldview of the “new seriousness”, which is replacing postmodernism. At the same time, the proponents of this approach believe that research on the nature of law is intended to make jurisprudence more scientific, adequate to the natural sciences.Today, we can talk about a “naturalistic turn” in sociohumanitarian knowledge in general and in legal science in particular. It was stimulated in philosophy by the position of W. Quine, who proclaimed the reform of epistemology as its naturalization, i.e. transformation into empirical psychology. In law, this project primarily involves using the achievements of natural sciences to study law. Such a program is currently being actively developed by A. V. Polyakov, who believes that data from evolutionary biology, cognitive science, and neuroscience make it possible to identify the biological foundations of law. He proves that human nature contains the principle of legal recognition of mutual rights and obligations as an essential feature of law. The article also provides other approaches to the naturalization of law. The law naturalization program is a very ambitious project that requires solving a number of complex issues. In particular, how can one conceive of the transition from the biological to the social and cultural, from instincts to the norms of law? On the other hand, the use of natural science knowledge in relation to research, for example, the norms of law, rests on the problematic nature of describing meanings and meanings in terms of physics or biology. Moreover, the paradox of the norms of law and legal values, as the ratio of what is due and what is, cannot be solved by natural science, even with the involvement of neuroscience or artificial intelligence. The author comes to the conclusion that the nature of law is those norms that ensure the self preservation (at least) of humanity and are reproduced by the practices of people who bear the status of subjects of law in the historical and sociocultural context of life.
Authors
- И. Л. Честнов (ORCID: https://orcid.org/0000-0003-2083-5876)
Institutions
- Kazan Law Institute (RU)
Publication Details
- Journal
- Journal of Russian Law
- Published
- 2025-01-01
- DOI
- https://doi.org/10.61205/s160565900033126-2
- Citations
- 1
- Primary Topic
- Law in Society and Culture
- Type
- article
- Field-Weighted Citation Impact
- 15.98