Humanities & Social Sciences, Vol 13, No 1 (2020)

The principle of relativity in the post-classical theory of law

Ilia L Chestnov, Ekaterina G Samokhina

Abstract


The article discusses up-to-date methodological issues of relativity in legal science. Relativity considered as the relativity of knowledge about an object characterizes modern Post-Classical philosophy and science. Radical relativity as a pluralism in the sphere of values causes the well-founded concern of many scientists. The authors of the article propose their own vision of the content of relativity as a methodological principle of the Post-Classical legal science. The Post-Classical methodology used by the authors suggests criticism of classical jurisprudence and dialogism (the interdependence of opposing points) as a positive program. Relativity in law, according to the authors, is the pre-dependence of law by the social and cultural context, the interdependence of law and other social phenomena. Law does not exist "in its pure form", but always appears as a side or aspect of the psyche, culture, economy, politics. Such an approach is not identical to arbitrariness, since law, in conjunction with other social phenomena, is intended to ensure the integrity of society. The proposed approach provides a deeper picture of a multidimensional legal reality and represents a version of a new Post-Classical methodology that is adequate to a contemporary society.