The Jurisprudence of Traditions and Innovations of the Postmodern Era in Search of Self
https://doi.org/10.17803/1729-5920.2024.206.1.144-155
Abstract
Innovative jurisprudence is an open perspective for the conceptual and instrumental development of legal science in the postmodern era or the era of shifts in legal worldviews and styles of legal thinking and the accompanying socio-economic and political-legal transformations. The formation and development of a new legal disciplinary complex is associated with the definition of subjects and methods of research and the development of competing analytical languages for describing and explaining changes in legal reality. All three structural components of the discipline are represented within the boundaries of a conceptual cluster: traditions and innovations, legal development and the modern world. Traditions and innovations are eternal categories of available practices of social existence with invariant and mobile historical forms and contents. What is a tradition for one cultural formation can be considered an innovation for another. It is an expression of accumulated experience in development management, mixing and intersections of legal communications, cultural memory and heritage passed down from generation to generation. The development of institutions and processes, ideas and doctrines, and languages of jurisprudence has three vectors and strategies of its manifestations and representations: evolutionary, involutional, and paradigmatic transitions and shifts. Modernity is a characteristic of the movement of legal systems in historical time and space and both the processes and residual states of the epochs before modern and modernity, as well as the legal formations of postmodernity that are still unknown in their consequences. The institutional challenges of modern legal development depend to a certain extent on the ability of legal science to find constructive analytical and instrumental solutions. Innovative jurisprudence is a possible cultural and conceptual response to the demands of the new reality.
About the Author
Yu. A. VedeneevRussian Federation
Yuriy A. Vedeneev, Dr. Sci. (Law), Professor, Professor, Department of Theory of State and Law
9, build. 2, Sadovaya-Kudrinskaya St., Moscow 125993
References
1. Anderson B. Imaginary communities. Reflections on the origins and spread of nationalism. Transl. by Nikolaev V; preface by Bankovskaya SP. Moscow: Kuchkovo pole Publ.; 2016. (In Russ.).
2. Baudrillard J. Simulacra and simulation. Available at: http://exsistencia.livejournal.com / [cited 2023 October 09]. (In Russ.).
3. Chestnova IL, Tonkov EN, editors. Cultural Studies of Law. A monograph. St. Petersburg; 2018. (In Russ.).
4. Crouch C. Post-democracy. Moscow; 2023.
5. Eco U. The search for the perfect language in European culture. Moscow; 2009. (In Russ.).
6. Gellner E. Conditions of freedom. Moscow; 1955. (In Russ.).
7. Hobsbawm E. Fractured times. Culture and Society in the Twentieth Century. Moscow: Statut Publ.; 2017. (In Russ.).
8. Junger E. Change of gestalt. Forecast for the 21st century. Moscow; 2018. (In Russ.).
9. Maltsev GV. Cultural traditions of law. A monograph. Moscow: Norma Publ.: Infra-M Publ.; 2023. (In Russ.).
10. Mazhorina MV, Mikheeva EI, Shakhnazarov EA, editors. Glossary of basic concepts of sustainable development with comments. Moscow; 2022. (In Russ.).
11. Sachs J. The age of globalization: geography, technology, and institutions. Moscow; 2022. (In Russ.).
12. Tonkov EN, Chestnov IL, editors. Legal thinking: classical and postclassical paradigms. A monograph. St. Petersburg: Aleteya Publ.; 2020. (In Russ.).
13. Yampolsky M. The modernist form as a way of thinking without concepts and big ideas. St. Petersburg; 2020. (In Russ.).
Review
For citations:
Vedeneev Yu.A. The Jurisprudence of Traditions and Innovations of the Postmodern Era in Search of Self. Lex Russica. 2024;77(1):144-155. (In Russ.) https://doi.org/10.17803/1729-5920.2024.206.1.144-155