Phenomenon of Fashion in Theoretical Jurisprudence

Abstract

Fashion is not only part of life but of science as well. The most interesting works on fashion in science have been published by Russian sociologist, Professor at the National Research University Higher School of Economics A. B. Gofman. His papers enable to consider this phenomenon in terms of theoretical jurisprudence. According to the author of the article, currently, different concepts which are not directly linked to the quest of scientific truth have come into fashion. Considering the existing fashions, the author gets fairly skeptical as to their heuristic capabilities. In particular, the concepts are highlighted such as those related to the alleged crisis of law, the invention of new legal phenomena by adding the adjective legal, criticizing positivism of law, the problem of understanding law, legal policy and some other buzzwords (mythology, utilitarianism). To support his idea, the author presents examples of current scientific publications. The author also draws attention to the typical complaints of legal scholars to their negligence by the representatives of state. While in the legal regulation of public relations many inaccuracies occur, lawmakers often ignore such forms of communication s with science, which leads in turn to a new fashion, i.e. utilitarianism -the need for scientists to engage in various types of waste “fisheries”: writing every countless textbooks and manuals, spark notes, even courses such as Theory of State and Law in Three Hours. Is it possible to reduce the influence of such fashion? According to the author, fashion should be studied and reflect on the recent trends. As many scholars claim, theoretical jurisprudence is deprived of self-reflection and the theory of law lacks fundamental problems. However such problems as dispute of opinions in science, freedom of criticism, the inadmissibility of monopolism and dogmatism require a closer attention.