Идеологический взгляд на состязательность и инквизиционность через метод бинарных оппозиций

Abstract

The “binary approach” in criminal proceedings is often used as a tool for ideological opposition of principles. The existing tradition, which imposes competition and search as negating poles of the criminal process, is more an ideological Convention than a scientifically based theory. Real binary oppositions that can bring us closer to the essence of criminal proceedings are much deeper than the levels indicated by modern typology. The sharp inconsistency of these elements of binary opposition is characteristic only in the «ancient» worldview context, programming their initially opposite attitude to rationality. The basic concept of competition is actualized in the context of an irrational worldview, while the basic concept of inquisitionism is activated in the Wake of the introduction and strengthening of a rational worldview.