Postclassical Jurisprudence in Contemporary Legal Theory: The Formation of an Anthropological Concept of Law

Abstract

Introduction. Modern general legal theory is characterized by the formation of post-classical legal theories and concepts, which coexist in the same research field with traditional, classical cognitive approaches to law. Understanding the origins and essence of post-classical approaches to law is a relevant task for contemporary general theoretical jurisprudence.Methodology and materials. The aim of the article is to clarify the prerequisites for the formation and the essence of post-classical jurisprudence as a direction of modern legal knowledge. The work also explores post-classical legal anthropology and the concepts developing within its framework. The preparation of the article employed dialectical discourse-analytical, comparative legal methods, the method of typologizing stages of scientific rationality, analysis and synthesis.Research results and discussion. It is substantiated that post-Soviet general theoretical jurisprudence represents an independent formation of knowledge. Its key principle is methodological pluralism, which allows for the coexistence of different languages of legal cognition. Its relevance is determined, on the one hand, by the crisis of Western modern European methodology, and on the other hand, by the possibility of researching indigenous legal traditions.Conclusions. It is proven that post-classical jurisprudence is based on post-non-classical scientific rationality and critically rethinks the classical model of the legal subject. Within the framework of the “anthropological turn,” a new anthropological-legal concept is proposed. It focuses on the person in law, their attributes, and their distinction from formal-dogmatic elements, which opens up new possibilities for resolving anthropo-oriented legal problems.