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Zykov D.V. Certain issues on the theory of legal thinking

Zykov Dmitriy Valerievich

Chief Expert, State Registrar Office of the Russian Register of the Volgograd Region

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Abstract. Legal thinking in the light of non-classical methodological ideas about ideals, norms and criteria of rationality is under the scrutiny of the legal science. In this regard, there appears a tendency for relativization and irrational interpretation of legal reality which is comparable to its negation. An attempt is made to protect the traditional concept of objective reality rules based on G. Kelsen’s theory. As an illustration of the possibility of “reconciliation” of the subjective legal thinking and the objective legal mechanism it is proposed that law post-positivist paradigm approach put forward by Kuhn should be applied.

Key words: concept of legal thinking, paradigm (disciplinary matrix) of legal thinking, a rule as the essence of relations, dogma of law, values and behavior, antinomy of a lawyer’s thinking, legal construction, a style of legal thinking.

 

 

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