Abstract
The purpose of the study is to substantiate the productivity of the socio-anthropological approach to the study of legal culture. In the study of legal cultures, the methodology of legal science involves going beyond both the special legal sciences and, in general, the social sciences. This actualizes the assessment of the productivity of the socio-anthropological approach to law and the justification of its evolutionist and functionalist directions for the conceptualization of legal phenomena. Their methodology in identifying the characteristics of legal culture is based on a) the recognition of its integral organism, whose elements are functionally connected and based on common principles; b) the principle of organicism, which involves the spread of methods, tools, and patterns of scientific knowledge, characteristic of the biological sciences, to social phenomena. This approach identifies the relationships between human thoughts and behavioral acts, biological and social processes, and various stages of the historical development of legal cultures. The result of the research is a structural scheme developed by the author, which demonstrates the productivity of the socio-anthropological approach to the study of legal culture, reflecting the main forms of manifestation of the reductionism of legal research from narrow methodological positions and ways to overcome it with the help of the socio-anthropological approach of evolutionist and functionalist orientation. The novelty of the work is due to the evolutionist and functionalist study of legal cultures applied by the author, which contributes to overcoming the limitations of criteria for the critical assessment of the laws of their development, contexts that allow characterizing legal phenomena from an interdisciplinary perspective, offer substantive and methodological alternatives to explain them and assess the importance of social communication processes in their dynamics.
Highlights
The study’s background is based on the fact that the methods of scientific knowledge in general and legal phenomena, in particular, are based on the theory of knowledge, previous achievements, including their critical reflection
Newton; 4) the design of the system of methods of legal science, integrating philosophical foundations of law knowledge, general scientific principles of cognition, private-scientific methods, taking into account the specificity of the subject of legal science, which by the 20-21st centuries leads the researcher to the consideration of law through the prism of culture
The explanation of legal culture from socio-anthropological positions proceeds from a) the recognition of it as an integral organism, whose elements are functionally connected and based on common principles; culture is a way of survival, so it is based on the patterns of functioning of living organisms, their interaction with the environment; in the center of such patterns is human, which together gives us the construction of the organism; b) the principle of organicism, which involves the spread of methods, tools, and patterns of scientific knowledge, characterizing the biological sciences, to social phenomena
Summary
The study’s background is based on the fact that the methods of scientific knowledge in general and legal phenomena, in particular, are based on the theory of knowledge, previous achievements, including their critical reflection. Bacon; 3) enrichment of subject and method of legal sciences due to interdisciplinary links with natural-science research as a result of the second revolution in 17th-18th century philosophy and development of experimental natural-science by G. Newton; 4) the design of the system of methods of legal science, integrating philosophical foundations of law knowledge, general scientific principles of cognition, private-scientific methods, taking into account the specificity of the subject of legal science, which by the 20-21st centuries leads the researcher to the consideration of law through the prism of culture
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
