Dogmatism in Law in the Context of Increasing Complexity of Reality

Abstract

It is believed that students engaged in law enforcement activities are more inclined to dogmatic methodology than students involved in civil law specialties. This is explained by the fact that a career in law enforcement attracts people who are authoritarian or dogmatic. The paper aims to question the role of criminal justice and criminal law in structuring dogmatism as the dominant structure of law enforcement thinking. Not only punitive justice and criminology are conditioned by dogmatic thinking. Even natural law is forced to construct a normative system, which is the only means of consolidating both punitive logic and usnaturalism. In addition, it should be noted that in the context of the imperatives of manageability of society, dogmatism is in demand in the penitentiary field, as well as in the broader legal field. Civil courts, administrative law, tax law, military law — all these subsystems depend on consensus in dogmatism to be effective, because law in its anthropological phenomenology is made by people. There is something deontically important about the participation of science in law. This is because our science and technology are embedded in the innovation mechanism of industrial society, while law remains one of the archaic tools born in the cliodynamics of myth, morality and religion. Dogmatism acts as an epistemic perspective, with the help of which law is presented in the purest possible form; its ability to express deontic truth is revealed. The hermeneutical approach to law without taking into account basic deontology is to work with specific cases, and not with what is the essence of law.