ПЕРСПЕКТИВИ ТА МОЖЛИВОСТІ ТРАНСДИСЦИПЛІНАРНОГО ПІДХОДУ В ПРАВІ

Abstract

The article is devoted to the analysis of the prospects and possibilities of using the transdisciplinary approach in modern law. It is proved that at the heart of the modern crisis, including law, is the crisis of the person himself, the overcoming of which can become a way out of a difficult situation in all spheres of life and activities of the society. This requires a new understanding of the man himself as an inalienable element from the whole world, as well as a rethinking of the meaning of universal and civilizational values as meta-legal. It is shown that such opportunities open up from the standpoint of transdisciplinarity as a new way of developing scientific knowledge, for the first time overcoming the subject-object discontinuity, a traditional feature of European rationality, and rises to a higher level of comprehension of any problem formed by a person and/or threatening him. The work highlights the first attempts in jurisprudence through the human "dimension" to reach a higher level of understanding of the problems of law through its combination with psychology and sociology, which exceeded narrow disciplinary boundaries, formed a common humanitarian field, and gave research signs of transdisciplinarity. Particular attention is paid to the analysis of those legal problems that today can be solved using a transdisciplinary approach, in particular, the problems of the relationship between legal positivism and natural law, the infinity of normative and legal deviations in the regulation of public relations in the state, international legal formations and their legitimation. The conclusion is made that since all the indicated problems of modern law are valuable, their solution requires going beyond the "pure" jurisprudence by means of a transdisciplinary synthesis of social sciences and humanities, requiring lawyers to acquire new theoretical and practical knowledge and skills.