Constructivism in Postmodern Jurisprudence
https://doi.org/10.22394/2686-7834-2024-2-8-13
EDN: CYJSFX
Abstract
The author of the article shows how they change of the late 20th and early 21st Centuries ideas about reality. Objectivism and naturalism are being replaced by constructivism and mentalism today. What is real in the social world is what is perceived as real and what is constructed by people. This paradigm is becoming dominant not only in sociology, but also in jurisprudence. So, in postclassical criminology, crime and criminality are considered not some objective reality, but the result of the activity of the legislator. However, radical constructivism, which does not take into account external circumstances or structural constraints, cannot be considered an adequate concept. The author formulates an approach that includes both the transcendent foundations of law and the constructivist activity of powerful subjects in the reproduction of law. At the same time, examples from criminology and the opinions of leading scientists from this discipline are given. The necessity of taking into account the historical and socio-cultural context is stated.
About the Author
I. L. Chestnov
Saint-Petersburg Law Institute (branch) of the University of Prosecutor’s Office of the Russian Federation
Russian Federation
Russian Federation
Ilya L. Chestnov, Professor of the Department of Theory and History of the State and Law, Doctor of Science (Jurisprudence), Professor, Honored Lawyer of the Russian Federation
Saint-Petersburg
References
1. Gilinsky, Ya. I. (2011) The construction of deviance: problematization of the problem (instead of a preface). In: The construction of deviance. DEAN Publishing House. Pp. 5–11.
2. Christie, N. (2012) Crime control as an industry. Forward to the Gulag of the Western model. Aleteya. 208 p.
3. Lektorsky, V. A. (2009) Realism, antirealism, constructivism, constructive realism in modern epistemology and science. In: Constructivist approach in epistemology and human sciences. Canon+. Pp. 5–40.
4. McIntyre, A. (2000) After virtue: Studies of the theory of morality. Academic project; Business Book. 384 p.
5. Marx, K., Engels, F. Soch., vol. 3. 327 p.
6. Polyakov, A. V. (2023) Postclassical jurisprudence, evolutionary theory and neuroscience (confessions of a communicationist). In: Postclassical studies of law: prospects for a research program: a collective monograph. Aleteya. 500 p.
7. Razuvaev, N. V. (2018) Semiotic aspects of legal construction of social reality. In: Cultural studies of law: monograph. Aleteya. Pp. 108–142.
8. Hacking, Ya. (1998) Representation and intervention. Introduction to the Philosophy of Natural sciences. Logos. 296 p.
9. Chestnov, I. L. (2023) Post-classical dimension of the legal system. Criminalist. No. 1 (42), pp. 119–124.
10. Gergen, K. J. (2001) Sociаl Construction in Context. Sage. 240 р.
11. Thomas, W. I., Thomas, D. S. (1928) The Child in America. Publ.: A. A. Knopf. 583 р.
Review
For citations:
Chestnov I.L. Constructivism in Postmodern Jurisprudence. Theoretical and Applied Law. 2024;(2):8-13. (In Russ.) https://doi.org/10.22394/2686-7834-2024-2-8-13. EDN: CYJSFX
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