Cultural-Historical Jurisprudence as a Meta-theory in the Field of General Humanitarian Training of Penal System Employees
general humanitarian training of penal system employees should be built taking
into account understanding of law as an independent meta-structure. It includes both available
knowledge and a whole complex of cognitive tools used at different levels of scientific knowledge. A
metatheory is one of the elements of this cognitive system. It brings liberation from conceptual layers
and reveals a true meaning of the phenomenon. Cultural-historical jurisprudence can be considered
a legal metatheory. One of its developers was recently deceased Professor Yu.A. Vedeneev. Methods:
abstraction, induction, empirical analysis, logical reduction, general scientific and philosophical
justification. Purpose: to demonstrate capabilities of cultural-historical jurisprudence in the field
of overcoming methodological isolation of certain areas in jurisprudence using heuristic potential
of the theory of legal anthropology and sociology of law. Conclusion: some aspects of cultural and
historical jurisprudence can be used in the penitentiary sphere, for example, in legal education of
convicts; to understand a system of relations in the thieves’ environment; to describe various aspects
of the delinquency theory; to overcome conflict situations in the penitentiary sphere, etc. Thus, one
of the areas of cultural-historical jurisprudence, anthropology of law, is aimed at studying man as the
central element of legal communication, the primacy of man in relation to the law. It is this emphasis
in legal education that can allow a convicted person to accept law as a value. The study of patterns
of forming relationships in the thieves’ environment can receive a new impetus due to a specific
object of legal anthropology, such as the thieves’ law. The anthropology of law makes a significant
contribution to the formation of the theory of crime and the disclosure of meta-problems of crime.
Another component of the subject of cultural-historical jurisprudence, sociology of law, includes
legal conflictology as one of the areas. Its knowledge is necessary to overcome conflict situations
that accompany penal system employees in their professional activities.
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Cultural-Historical Jurisprudence as a Meta-theory in the Field of General Humanitarian Training of Penal System Employees
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