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Thinking Law as Communication

Thinking Law as Communication Some legal scholars assert that Russian jurisprudence (legal theory) and its Western counterparts, generally, still remain ideologically incompatible. 1 According to various interpretations, this fact can be attributed to differences in mentality, to diverging social structures or power institutions, to the loss of interest by the West in Russian legal studies after the ‘victory in the Cold War’, to the disenchantment of many Russians with the alluring ideals of the ‘imperialist’ or ‘decaying’ West, and so on. 2 Among these and similar explanations, the one which sounds, to us, most convincing is that stressing the methodological differences between Western and Russian jurisprudence. It goes as follows: since Russian legal science is based on Marxist philosophical premises and on conceptual schemes of legal dogma ( Rechtswissenschaft ) of the first decades of the XX century, it is hard for it to follow contemporary debates that are relevant for Western legal discourses. 3 Our use of the plural, “discourses”, is intentional here since this Russian exceptionalism and partial theoretical (self-)isolation is not something peculiar only to Russian jurisprudence. Toute proportion gardée , nearly every scholarly community has, first, its own language, then its own specific terminology, its own scholarly authorities, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Thinking Law as Communication

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Essay
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/15730352-04002002
Publisher site
See Article on Publisher Site

Abstract

Some legal scholars assert that Russian jurisprudence (legal theory) and its Western counterparts, generally, still remain ideologically incompatible. 1 According to various interpretations, this fact can be attributed to differences in mentality, to diverging social structures or power institutions, to the loss of interest by the West in Russian legal studies after the ‘victory in the Cold War’, to the disenchantment of many Russians with the alluring ideals of the ‘imperialist’ or ‘decaying’ West, and so on. 2 Among these and similar explanations, the one which sounds, to us, most convincing is that stressing the methodological differences between Western and Russian jurisprudence. It goes as follows: since Russian legal science is based on Marxist philosophical premises and on conceptual schemes of legal dogma ( Rechtswissenschaft ) of the first decades of the XX century, it is hard for it to follow contemporary debates that are relevant for Western legal discourses. 3 Our use of the plural, “discourses”, is intentional here since this Russian exceptionalism and partial theoretical (self-)isolation is not something peculiar only to Russian jurisprudence. Toute proportion gardée , nearly every scholarly community has, first, its own language, then its own specific terminology, its own scholarly authorities,

Journal

Review of Central and East European Law – Brill

Published: Oct 9, 2015

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