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7THE IMAGE OF LEGAL SCIENCE: BETWEEN THE "MODERN" AND "POSTMODERN"
Abstract
The urgency of the problem is caused by the trendy ideas about the system crisis of legal science. The main purpose of the article is the search of the ways to escape the scientific crisis. The lead strategy of the research is the use of philosophical concepts with base methods of analysis. There are philosophy of science, methodological and other issues. The fundamental conclusion of the research is the try to justify the necessity in the new philosophical concept in legal science - "postmodern". The scientific method of the world-system analysis, created by I. Wallerstein, is used as the essential part of the new concept. The materials of the investigation can be used by scientists with the different academic interests, because of interdisciplinary approach to this research (Law, Philosophy, Social Science and others).
Keywords
postmodern, world-system analysis, I. Wallerstein, legal science
AUTHOR
Yulia V. Pechatnova
Third-year student, Law Faculty of Altai State University 61a, pr. Lenina, Barnaul, 656049, Russia E- mail: [email protected]
1. Introduction
The evolution of the science formation and current issues of legal science are emphasized in this research work. The concept of the world-system analysis of the American scientist I. Wallerstein is studied as the new methodological paradigm for science, in general, and for legal science, in particular.
The urgency of the work can be seen in the following. Today the stage of science development is increasingly characterized as the crisis. The change of physical theories (the heliocentric, mechanical, quantum-relativistic pictures of the world) with the transition from the metaphysical approach to the dialectics in philosophy of science is in the past. Realities are rapidly changing under the influence of numerous scientific and technological innovations. The mechanization of the world, in which the solution of all the problems is seen in further technical and digital achievements, turns the artificial intelligence into the driving force of science, and the person - into the secondary element of the machine world. The start of the digital era and the next change in the physical picture of the world promotes the significant impact on both natural science and the philosophy of science. That is why; the need in the new global worldview revolution is coming.
2. Methods and Materials
2.1. Purposes
The aim of the work is the analysis of the scientific method of world-system analysis as the way of overcoming the crisis of legal science in the postmodern era.
There are 4 tasks for the consummation:
1. To explore the development of science in the evolutionary-historical plane.
2. To investigate the idea of I. Wallerstein's world-system analysis as the conceptual basis for the new scientific paradigm.
3. To analyze the development of legal science in the evolutionary-historical plane.
4. To apply the method of world-system analysis for building the image of legal science in the postmodern era.
The object of research is the social relations, viewed through the prism of the development of science, in general, and legal science, in particular.
The forms of regulating these relations constitute the subject of research.
The problems are discussed in the scientific literature only in the fragmented manner.
The evolution of science formation is illustrated in the work of N. F. Buchilo, I.A. Isaev «History and Philosophy of Science», etc.
The concept of world-system analysis is presented in the works of I. Wallerstein «Analysis of world systems and the situation in the modern world», «World-system analysis: introduction», «The end of the familiar world. Sociology of the XXI century», etc.
The main problems of the history and methodology of modern legal science are summarized in the monograph, edited by V.V. Sorokin, and in the scientific work of V.M. Syrykh «History and methodology of legal science», etc.
The contours of the legal science of the postmodern era can be traced in the I.L. Chestnov's monograph «Postclassical theory of law», etc.
2.2. Methods
During the work the general scientific method of analysis is used. From the specific scientific methods the system, historical-legal and comparative methods are used. The system method allows researching concepts, which are reflecting the essence of legal science, in unity. The historical-legal method emphasizes the evolution of the science formation. Comparative method allows drawing the parallel between different concepts to compare different approaches for the study.
2.3. Description of the research
The modern science is the very complicated and ambiguous phenomenon. It is impossible to describe it, using the single word, as it can be made with the previous stages of the development of science (ancient science - natural philosophy, medieval - scholastic, classical - metaphysical). Modern science is the wide association of mathematical, natural-science, humanitarian and technical branches, disciplinary and interdisciplinary research, fundamental, applied and other knowledge.
The most complete understanding of the specifics of the modern science is possible, comparing the reality with the previous stages of development.
The need to understand, how we understand the world, always impacts on the society. In the past it was limited only by belief in the supernatural forces because of the
absence of the proper cognitive skills. Further, theological theories were gradually replaced by non-religious motives.
The separation from the ancient and medieval philosophy is the period from the 17th to the 20th centuries. It is usually called as the period of classical science. This milestone in the history of science development is characterized by the following features:
1. The complete system of knowledge, which fixes the truth in its final form. It inevitably generates the metaphysics of science.
2. The conviction that nature is unchanging. This methodological approach has generated such guidelines as statism, elementarism and anti-evolutionism (Grushevitskaya, 2014).
3. Classical science cuts out the religion as an intellectual authority.
Being mechanistic, classical science prepares the gradual collapse of the metaphysical view on the nature. The scientific revolution promotes the penetration of dialectics into the methodological research apparatus. Thanks to the teachings of Charles Darwin, the idea of the universal connection and evolutionary development of knowledge is affirmed.
The impetus for the emergence of modern science is the whole series of scientific revolutions. This stage is accompanied by the collapse of previous ideas about matter, space and time, which lead to the final crisis of the metaphysical philosophical foundations of the classical science. The new revolution turns into the theory of relativity. The principle of relativity displaces the old determinism. Modern science can be characterized as nonclassical traits:
1. The understanding of the subject of knowledge has changed.
2. Science begins to research the conditions instead of things. That's the methods become more significant.
3. If the classical science deals with the single object, the modern science deals with the multitude of projections of this object.
Non-classical science becomes the religion of the 20th century. It goes without saying, that now it is criticized by philosophers, social scientists, culturologists, writers, etc. People are faced with large-scale scientific and technical achievements in the field of nanotechnology, cybernetics, etc., which do not fit into the harmonious philosophy of the 20th century. The significant transformation of the new physical picture of the world without the corresponding change in philosophical views indicates the set of nonclassical science and the maturing of worldview revolution.
The concept of the American scientist I. Wallerstein, who is convinced that the world community is undergoing the phase of the systemic crisis, one of the reasons for which is the hyperbolization of the technogenic sphere at the expense of the social, is seen as a little studied, but promising (Wallerstein, 2001). For studying the causes, current state and consequences of the present crisis I. Wallerstein introduces into the scientific revolution the newest methods of world-system analysis that can be used to construct the model of the new worldview concept in the philosophy of science (Wallerstein, 2006).
I. Wallerstein's position is universal and comprehensive. The restoration of the integrity of knowledge and the evolutionary-historical approach to the study of society is the task of world-system analysis.
According to I. Wallerstein, the social disciplines go to extinction either because of their constant grinding down to self-destruction, or, conversely, because of the predominance of over-disciplinary studies.
The true way, to his opinion, is the way of over-disciplinary overcoming of the fragmentation of knowledge, implying the cross-research of the system-historical origins of different disciplines. I. Wallerstein calls to clear the debris of the present ideological concepts and create the new paradigm of a single historical social science, and not just
another concrete theory, but the metatheoretical methodology - the opportunity to look at the world differently.
The principle of the sociological studies of I. Wallerstein is that the economic message precedes everywhere. Thus, the scientist unambiguously makes it clear that the main driver of social, including scientific, development is the development of economic relations. Indeed, the expansion of capital requires the investment in the innovation. Scientific knowledge is the permanent generator of innovation. This logical chain of interrelation of economic and scientific potential is the characteristic both archaic and modern society. Moreover, the economic potential, as a rule, is supported by the state interest. The chance to realize the scientific idea appears, if this idea fits in the context of public policy (KHabibullina, 2015). Capitalization of science can be viewed in different meanings. On the one hand, it is the subordination of science to the laws of the market and the transformation of applied science into the component of capital. On the other hand, capitalization of applied science has turned the applied science into the priority object of financing, compared with the fundamental research.
However, the leitmotif of the studies of I. Wallerstein is the inseparable relationship of scientific knowledge. Science is not a collection of independent disciplinary plexuses, but a single interrelated and interdependent network. The research of science development in the evolutionary and historical plane shows it: the discrepancy between the level of development of applied and fundamental sciences generates the systemic crisis. This is the logical conclusion, according to I. Wallerstein, who considers that science is the single organism, the crisis of one part of which inevitably entails a crisis of the whole organism. So, the current polarization of fundamental and applied sciences is harmful for the further development (Krylov, 2009).
The process of differentiation of sciences has not lost its urgency today. There is the statement that social science includes three spheres, which live according to different laws. That's why the study of them is confused and their methods unique fit to each of the spheres. So, the market is explored by economists, the state - political scientists, and civil society - sociologists. However, it goes without saying that these fields of knowledge pervade each other.
It turns out that the statement about scientific sectoral independence and noninterference is false, because social science is based on studying not the part of the world, but the whole world as the system. Logical reflections about scientific unity and interconnection again lead us to the world-system analysis of I. Wallerstein.
The next step of research is the transformation abstract problems of modern scientific knowledge and the method of restoring the integrity of knowledge on the plane of concrete scientific knowledge - legal science.
Legal science also overcomes the ancient, medieval and classical stages of the development of science.
With the statehood formation, the impossibility of regulating complicated social relations by the mononorms has become apparent. There is the need in the ideological impact of the compulsory actions of the state for legitimacy. Undeveloped scientific knowledge at the ancient and medieval stage leads to the approval of exclusively idealistic approach to the study of law, which is characterized by theological teachings. The next stage - classical legal science - carries the following features:
1. The human mind and the practical transformation of social relations as the result of human's activities completely supplanted the theological doctrine and as the main sources of knowledge.
2. The basic principles are: unambiguous interpretation of events, exclusion the probability, evaluation of existing knowledge as absolutely true, etc. Statism, elementarism and anti-evolutionism find the most complete embodiment in the legal
proceedings. During this period, the development of criminal justice continues to be blocked due to the approval of the inquisition process, which is characterized by the system of formal proofs, where the value of each type of evidence is predetermined by law, the most perfect proof is the confession of the accused, and the testimony is assessed taking into account the social status.
The period of classical science is characterized by inconsistency, which is explained by the gradual interspersion of the dialectical style of thinking. It has led to introduction of new ideas into the arsenal of general knowledge.
So, the classical model of the world-mechanism tends to destroy and concurrently establish the model of the world-thought, based on the ideas of universal connection, variability and development. The transition period from classical legal science to modern is associated with the gradual change of metaphysics by new dialectical attitudes:
- Classical determinism is replaced by the variability of the picture of the world;
- The passive role of the observer is replaced by the new activity approach, recognizing the indispensable influence of the researcher;
- Scientific knowledge is no longer understood as absolutely reliable, but only as the relatively true, existing in the multitude of theories.
Therefore, in this period there are lots of of qualitatively new theories of legal understanding. Depending on what is the source of legal formation, the state or the nature of man, the natural-legal and positivist theories of law are distinguished (Alekseev, 2005). Then these theories give birth to sociological, psychological, normativity and other concepts.
So, the progressive start of the legal science in the era of modernity characterizes the diversity of existing approaches to the study and understanding the law.
However, these progressive prerequisites, which set the tone for the legal science of modern, have not yet been crowned with success. The diversity of theories, on the contrary, gives the birth to the fragmentary study of law within the particular concept. The crisis situation appears in the fact that different types of legal understanding denote its own subject of study and methods of investigation. But in this way scientist uses incomplete methodological tools. The predominant in the Russian legal science is still the positivist theory with the formal dogmatic approach. So, R.S. Bajniyazov is sure that formally dogmatic legal positivism expresses the legal nihilism (Bajniyazov, 2001).
Modern legal science has not yet freed itself from a purely normativistic understanding of law and one-sided dogmatic, formal-logical analysis of sources of law. The idea of the need to investigate the rules of law in dynamics, analyzing the processes of their implementation in specific legal relations not always gets reflection in the practice of scientific research.
The integrity of legal knowledge is also questionable. Modern legal science doesn't demonstrate the system. The tendency to the grinding has already shown negative results. The legal researches investigate the vicissitudes of the conceptual apparatus within the framework of the branch, sub-sector, institution, sub-institution of law, legal norm or its structural units. The fragmentation of the subject of scientific knowledge is obvious. Because of the fact that legal science, like other sciences of the humanitarian cycle, is the artificial science, it means that it is created by human, but not by natural phenomena, the circle of scientific problems of jurisprudence is significantly narrowed in comparison with the natural sciences. As the result, cognitive activity within the framework of jurisprudence is reduced not to the logical result, which is the scientific discovery, but to the skillful periphrase. The monotonous methodological apparatus, coupled with the static artificial knowledge, leads to the justified reproach of the legal science in unscientificity (Sorokin, 2016). Undoubtedly, this way of the legal science aggravates the declared scientific crisis.
Thus, the evolutionary and historically legal science followed through the ancient, medieval and classical concepts. Historically, the change of the paradigm is preceded by the crisis of established concept. Methodological devastation of modern legal science testifies the crisis of the jurisprudence of modernity. The modern model of jurisprudence is not capable to react operatively on the changes in society. It shows that modernization processes in the sphere of law are coming to the end. The legal culture of postmodern begins forming.
3. Result
The term "postmodernism" is unclear. There are many definitions of postmodernism, various postmodern theories have created. Everybody recognizes that postmodernism is the heterogeneous phenomenon, which confronts the modernism (Moiseev, 2004).
Legal postmodernism develops as the reaction to the crisis of legitimization of existing law (Lazarev, 2016).
The feature of postmodernism is the criticism of modernity, the method of deconstruction. As noted I. L. Chestnov, the main traits of postmodernism are relativism as the peculiar view of the world, the rejection the truth, as well as the new conception of social reality (Chestnov, 2012).
Analyzing the scientific method of world-system analysis of I. Wallerstein, it can be point essential characteristics of legal postmodernism. Among them are the integrity of the scientific ideas, universalism, perception as the cumulative plurality of interpretations, the unity of the subject and the object of cognition, the self-criticism of the researcher, the branching of knowledge, the lack of the single conceptual perception of realities, dialogism as the necessary consequence of informatization.
Postmodernization of legal thinking is associated with overcoming the formal-dogmatic method of thinking, because the law is declared to be the open, dynamic, constantly updated system, and its concepts are constantly transformed, filled with new content.
Let point the main contours of postmodern science:
1. I. Wallerstein fundamentally rejects the allocation of the single sphere of human activity or one feature in the worldview as the leading and recognizes the equality of spheres of scientific activity. There must be the decentralization of science. It seems that the important feature will be the complexity - to get off partitions between the traditionally separated natural, social and technical sciences.
2. Modernist science is the monological form of knowledge: the intellect contemplates the thing and expresses it. In postmodernism the observer recognizes himself as the part of the explored world, actively interacting with the observed object, the knowledge of postmodern science is dialogical.
3. At the heart of the postmodern is the idea of global evolutionism, the nonlinear, self-changing, self-organizing, self-regulating system. It is proposed to consider the picture of the world not as the world itself in its immediate reality, but as the historically changing theoretical model of the world.
So, I. Wallerstein's scientific method postulates the synthesis of scientific knowledge. Consequently, postmodernism presages the formation of the synthetic, integrative understanding of law.
Indeed, there is no ideal theory of legal understanding. Each is characterized by the number of advantages and disadvantages. To take as the basis one, as it is done now with legal positivism, means to gain the advantages of the proposed model and to tolerate blindly its shortcomings and the lack of virtues of other theories.
Thus, the essential feature of legal science in the postmodern era is the formation of an integrative legal understanding, which synthesizes established legal theories and applies the variety of approaches to comprehensive research and full analysis of the legal phenomenon, taken in its concrete historical conditions.
4. Conclusion
Postmodernism argues that the society XXI century is fundamentally different from the modern era. First of all, it is the realization of the complexity of reality and the impossibility of its full knowledge. The postmodern world is the world of relative values, therefore postmodern protects pluralism and coexistence of many concepts and interpretations. Methodological pluralism replaces the methodological monism.
If there are cardinal changes in the society, then, obviously, they influence on the sphere of law. Therefore, the desire to revise the classic picture of legal reality is the tribute to the current situation, but the urgent need to update law and jurisprudence.
As the fundamental principles of the scientific legal picture of the world, the following are revealed: relativism and multidimensionality of law.
The principle of relativism assumes that the reliability of scientific knowledge cannot be complete, definitive. It is possible to speak about reliability only in relation to the certain context and with some degree of probability.
The multidimensionality of law assumes its irreducibility to one mode of being. If the jurisprudence of modernity considers the rights from the position of "planimetry", i.e. in the plane of only one or another theory of legal understanding with the appropriate methodological tools, and doesn't go beyond the boundaries indicated, the legal science of postmodernism is characterized by the "stereometric" approach to the study of the phenomenon of law. This approach corresponds the multifaceted property of law, where law is the polyhedron whose facets - theories of legal understanding - allow comprehensively investigate all aspects of the reflection of law in real life. Thanks to this synthetic nature of the integrative theory of legal understanding of law, the methodological apparatus enriches and included the techniques of all theories of legal understanding. As F. Bacon writes, the method is a lantern that illuminates the path to the scientist. Proceeding from this metaphor, this integrative approach allows us to beautify the way of scientific thought with all the diversity of the lights.
Thus, the scientific method of world-system analysis, implying the integration of scientific knowledge, can update the methodology of legal science and overcome the outlined crisis of science in the era of postmodernity.
REFERENCES
Alekseev, S.S. (2005) Theory of State and Law: A Textbook for Universities / Ed. S.S. Alekseev. - M.: Norma.
Bajniyazov, R.S. (2001) Legal Consciousness and Legal Mentality in Russia: Introduction to the General Theory / R.S. Bajniyazov. - Saratov.
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MOTIVATING STUDENTS AT THE LESSONS OF FOREIGN LANGUAGE
BY MEANS OF MUSIC
Abstract
The article deals with the methods for motivating students at foreign language lessons. The authors substantiate the urgency of the use of modern music in order to increase the level of motivation of secondary school students at foreign language studying in accordance with their psycho-physiological characteristics. Tasks with the use of modern English songs are presented in the article. The results of the experiment allowed the authors to justify that the use of modern music means at the lessons of foreign language is an effective way to increase the level of motivation at foreign language studying.
Keywords
motivation, methods for motivating, motivation at foreign language lessons, means of music, secondary school students
AUTHORS
Julia A. Pirverdieva
candidate of Pedagogic Sciences, associate professor, Department of Linguistic and Lingvodidactics, North-Caucasus Federal University 1, Pushkin Street, Stavropol, 355009, Russia E-mail: [email protected]
Darya S. Bityutskaya
graduate student, Department of Linguistic and Lingvodidactics, North-Caucasus Federal University 1, Pushkin Street, Stavropol, 355009, Russia E-mail: [email protected]
