Methodology of jurisprudence in the context of the paradigm of scientific rationality

Abstract

The article examines the methodological problems of jurisprudence, caused by a change in the paradigms of scientific rationality and corresponding to the level of conceptual structures. This level is characterized by problems of understanding the qualitative evolution of knowledge, as well as an appeal to a more abstract, rather than objective, level of understanding of reality. The named level, usually called philosophical, can be based on two genetically different axioms, namely philosophy, including the philosophy of the phenomenon being studied, as well as the philosophy and epistemology of science. At the same time, the difference in the initial axioms determines the difference in the final conclusions for an apparent terminological similarity. At present, philosophy in jurisprudence is mainly represented by postmodernism; the philosophy of law searches for the demarcation line between the philosophical-legal and theoretical-legal knowledge; the philosophy and epistemology of science that has developed within the framework of natural sciences is aimed at analyzing the foundations of models of scientific rationality, applicable, in particular, to the socio-humanitarian sphere. The legal distancing from classical rationality is represented by two main directions: the overcoming of classical rationality and appeal to the synergy and nonlinear dynamics. For the understanding of the law is enough selection of classical and post-classical type of rationality, while the conjugate with the state of knowledge of social management issues should be allocated classical, non-classical and post-nonclassical types of rationality. The postnonclassical paradigm (synergetics) allows us to consider the existence of unique (historical) open unstable nonlinear hierarchical dynamic complex, attractive self-developing subject systems, included in the sociocultural context, under external chaos and interacting with other subjects and subject systems. As a result, the 
 state and law conceptualized as dynamic organic selfregulating non-equilibrium systems, and in the subject field of law include the idea of philosophy, nonlinear dynamics and mathematical simulation of evolutionary and catastrophic processes that transforms the object and the subject of law and includes in it a number of qualitatively new methodological orientations.