Правовая мысль Востока в контексте российского общетеоретического правоведения

Abstract

The article raises the problem of Orientalism, which manifests itself in the difference between the axiological and epistemological approaches to Western and Eastern intellectual heritage in Russian jurisprudence. The purpose of the study is to determine the degree of legitimacy of the Orientalist approach and to outline the methodological basis that will make it possible to realize the need of the domestic theory of law in a dialogue with the legal thought of the East. The goal is achieved by answering questions about the possibility, expediency and boundaries of an equal dialogue with the political and legal thought of the East within the framework of the general theory of law. To prove the possibility of dialogue, episodic examples of the dialogic approach in domestic jurisprudence are identified and four types of goals are identified for which scientists enter into a dialogue with the legal heritage of the East: problem setting, criticism, rehabilitation of Eastern thought, substantiation of theoretical provisions. To prove the expediency and necessity of a dialogue with Eastern thought, the principles of scientific knowledge, methodological problems of modern theory of law, examples of the influence of the Eastern intellectual heritage on the philosophical and legal thought of the West are pointed out. Separately, the application of the principle of multiculturalism is critically examined, with the help of examples, attention is drawn to the richness and relevance of the political and legal heritage of the East, factors that can hinder dialogue are analyzed, and ways to overcome them are proposed. As the boundaries of the dialogue, its goal is formulated, the need to avoid eclectic synthesis and uncritical borrowings and the application of the principle of conceptual Eurocentrism is noted. The author uses materials and developments obtained in the framework of jurisprudence, historical and philosophical research.