Сравнительное правоведение и его гносеологический потенциал в период брожения смыслов о праве (размышление над книгой)

Abstract

The article presents reflections on the book published in Russian “Essays of Com­parative Jurisprudence” by Thomas Lundmark, a German – American legal scholar – one of the few who today – in the period of the “linguistic turn” and the fashion for textual deconstruction – engaged not in verbal interpretation or post­modern “reinterpretation”, but in the scientific and research establishment of philo­sophical and legal portraits and their comparison, that is, the search for the seman­tic space of modern society through the identification of similarities and differences existing at the level of legal consciousness. By the efforts of T. Lund­mark comparative jurisprudence today focuses on epistemological problems of law. Using the example of T. Lundamark’s essay, it was possible to show that com­parative studies have potential for science and practice. It is revealed, in particular, that the search for similarities and differences in legislative systems has limited po­tential for understanding the law. The attitudes and motives hidden under the layer of official norms, acting outside the formal views of lawyers, play a decisive role. “Hidden cultures” are difficult to recognize, but can no longer be ignored due to the norm-forming nature and serious impact on the daily functioning of law.