Muzyka M. Irrationality as a branch of post-classical philosophy of law.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003013

Applicant for

Specialization

  • 12.00.12 - Філософія права

02-07-2018

Specialized Academic Board

К 35.725.02

Essay

The work is devoted to the philosophical and legal conception of irrationality as a direction of the post-classical philosophy of law. The research is based on its own methodology, consisting of the dichotomy of "classics-post-classics", which made it possible to highlight the features of the classical and post-classical paradigms in the law. Consequently, the conclusion is drawn about the rationalization and objectification of the methodology of classics, subjection and anthropologization of the post-classical methodology. The methodology of the classics, which is based on logic, advocates the position on the universality of the scientific method of cognition and law as the unchanging set of genuine ones, using the method of individualism. Instead, the post-classical paradigm methodology is characterized by an intersubjective type of legal knowledge, based on the ideas of irrationalism. The most applicable method in the post-classical paradigm is the dialectical method, which became the basis of the methodological analysis of irrationalism in the law. It is proposed to consider irrationalism in two aspects: in the broad - as a philosophical and legal direction, indicating the limited rational cognition (intelligent contemplation of the world, irrationalism opposes the sensual contemplation, intuition, instinct, faith and other cognitive abilities that give the opportunity to obtain knowledge, inaccessible to reason) ; in the narrow - under irrationalism should be understood philosophical and legal concepts, schools that arose as a result of the development of postclassics and were a reaction to a rationalist faith in the infinite possibilities of the human mind, characterized by the desire or refute rationalism in general, or limit its excessive claims to the truth (it refers to voluntarism , philosophy of life, intuitionism, phenomenology of law, existentialism).

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