Atrashkevych Y. S. Haack's Neoclassical Pragmatism in the Modern Anglo-American Discourse on the Legal Philosophy

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0416U003679

Applicant for

Specialization

  • 12.00.12 - Філософія права

02-07-2016

Specialized Academic Board

Д 41.086.04

National University «Odessa Law Academy»

Essay

The thesis deals with a complex analysis of innovative theory of neoclassical legal pragmatism by S. Haack as a part of contemporary legal philosophy. The controversial and polemical character of philosophical legal discourse within Anglo-American legal tradition is explicated, as well as variety of problems of legal theory, axiology, epistemology, ethics that are emerging in the legal philosophy due to peculiarities of Anglo-American legal system. Classification and typology of methodological and theoretical approaches in Anglo-American jurisprudence are defined accurately. Topical issues of epistemological problems in paradigms of legal neopragmatism and neoclassical pragmatism are considered. The role of cultural and historical factors in pragmatist paradigm is highlighted, as well as aspects of interactions between legal theory and legal philosophy, on the one hand, and legislative policies and judicial practice, on the other. Author also shows the perspectives of the neoclassical pragmatic approach by S. Haack as a theoretical and analytical tool to resolve current problems of modern legal reality in Ukraine. The basic thematic areas of S.Haak's interests are analysed: the dynamics of semantic content of law concepts; the multidimensionality of legal systems that are included in the social interactions of the legal field; the adaptation of these systems to the social and cultural reality; the role of epistemology, logic, scientific and methodological instruments for the development of legal culture. There is also shown the role of S.Haak's neoclassical pragmatism contribution in contemporary Anglo-American philosophical and law discourse.

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