M. Kozyuk

Phenomenon of Fashion in Theoretical Jurisprudence

2016. No. 3. P. 219–234 [issue contents]
Fashion is not only part of life but of science as well. The most interesting works on fashion in sciencehave been published by Russian sociologist, Professor at the National Research University HigherSchool of Economics A. B. Gofman. His papers enable to consider this phenomenon in terms of theoreticaljurisprudence. According to the author of the article, currently, different concepts which are notdirectly 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 highlightedsuch as those related to the alleged crisis of law, the invention of new legal phenomena by addingthe adjective legal, criticizing positivism of law, the problem of understanding law, legal policy and someother buzzwords (mythology, utilitarianism). To support his idea, the author presents examples of currentscientific publications. The author also draws attention to the typical complaints of legal scholarsto their negligence by the representatives of state. While in the legal regulation of public relations manyinaccuracies occur, lawmakers often ignore such forms of communication s with science, which leadsin 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 Theoryof State and Law in Three Hours. Is it possible to reduce the influence of such fashion? According to theauthor, fashion should be studied and reflect on the recent trends. As many scholars claim, theoreticaljurisprudence is deprived of self-reflection and the theory of law lacks fundamental problems. Howeversuch problems as dispute of opinions in science, freedom of criticism, the inadmissibility of monopolismand dogmatism require a closer attention.
Citation: Kozyuk M. (2016) Fenomen mody v teoreticheskoy yurisprudentsii [Phenomenon of Fashion in Theoretical Jurisprudence]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 219-234 (in Russian)
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