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Skorobogatov A. - Integration character of the modern Russian legal understanding. pp. 1-11


Abstract: The article is devoted to the studies of the modern Russian legal understanding.  The author bases his position upon the broadening of the subject field of the legal studies in the conditions of post-Classical paradigm, within which the main attention is paid to the interpretation of the legal matters. Based upon the studies of various legal doctrines, normative expression of legal understanding in the Constitution of the Russian Federation and analysis of the modern Russian legal reality the author offers a typology of legal understanding based upon the criteria of interpretation of law and legal reality, providing for five basic models.  The combination of these models in legal reality allows one to speak of an integral character of the Russian legal understanding. The methodological basis for the studies is formed by the dialectic approach towards cognition of social matters, allowing for analysis of their historical development and their functioning within the context of combination of objective and subjective factors, as well as the post-Modern paradigm, allowing to study legal reality at various levels, including the level of legal interpretation.  The dialectic approach and post-Modern paradigm defined the choice of specific methods for the studies, including comparative, hermeneutic and discourse methods.  The article for the first time applies discourse method for the analysis of the category of legal understanding. Based upon the analysis of various methodological models the author makes a conclusion on an integral character of the Russian legal understanding, which was implemented via the pluralism of the post-Soviet legal discourse and served as a prerequisite for the multitude of meanings of legal regulators, defining the post-Soviet legal reality.
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