INTERDISCIPLINARY APPROACHES IN GENERAL THEORY OF LAW: BETWEEN SOCIOLOGY, POLITICAL PHILOSOPHY AND LINGUISTICS
Author (s): Pekarchuk V., Petrovska Y., Popruzhna A.
Work place:
Pekarchuk V.,
Doctor of Historical Sciences, Professor, Professor of the Department ,
of Theory and History of State and Law, International Law
of the Humanities Faculty (full-time and part-time),
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0002-7750-1474
Petrovska Y.,
PhD in History, Associate Professor, Vice-Rector,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0009-0005-8131-2210
Popruzhna A.,
Acting Head of the Department of State and Law Theory and History, International Law of the Humanities Faculty (full-time and part-time),
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0002-5079-2865
Language: Ukrainian
Scientific Herald of Sivershchyna. Series: Law 2025 No 2 (25): 87-97
https://doi.org/10.32755/sjlaw.2025.02.087
The relevance of the study is stipulated by the urgency to update the theoretical and legal paradigm in the aspect of an open, pluralistic and reflexive model of law integrating the achievements of related sciences into its arsenal and responding to the challenges of the modern world.
The purpose of the article is to outline interdisciplinary approaches in the general theory of law – sociological, philosophical and linguistic – as promising directions for the development of the methodology of legal phenomena.
The article explores the interdisciplinary dimension of the general theory of law in the context of the modern transformation of legal understanding. Attention is focused on the fact that openness to other scientific subjects is not only a consequence of methodological search, but also a reaction to the crisis of the normative paradigm. Interdisciplinarity is considered as an ontologically justified necessity to understand law not only as a system of norms, but as a complex social, political and linguistic phenomenon.
The potential of the sociology of law as a tool for identifying the actual operation of norms, analyzing the gap between law and social practice, studying informal regulators and institutional interaction is revealed. The sociological perspective allows us to study law as an element of social order, which does not simply exist in the form of formal norms, but is implemented in the behavior of society members, and in institutional interaction.
It is noted that political philosophy allows us to critically assess legal reality, comprehend the value principles of normative decisions, and also determine the ideological guidelines that underlie legal regulation. Political philosophy allows us to comprehend how different ideas about freedom, equality, authority and the common good shape different models of the legal system.
Special attention is paid to the linguistic approach to law, within which law is considered as a linguistic practice that forms and structures legal reality. Taken together, these directions demonstrate the urgency to go beyond normative positivism and expand the research framework of the general theory of law by integrating it into a broader humanitarian context.
Key words: linguistic approach, methodology of law, normativism, law, legal reality, legal understanding, political philosophy, sociology of law.
References
- Atamanova, N.V. and Dyachenko, O.V. (2022), “Legal culture and its role in shaping the legal order of the modern Ukrainian state”, New Ukrainian Law, 1, PP.82-87.
- Vakhniuk, N.M. (2023). “Main problems of forming the legal culture of youth in Ukraine”, New Ukrainian Law, 3, PP.128-34. https://doi.org/10.32782/2408-9257-2023-6-1
- Fidria, Yu.O., (2024), “Alternative dispute resolution methods: theoretical and practical aspects”, Scientific Bulletin of Uzhhorod National University. Series: Law, Vol. 2, PP.242-47. https://doi.org/10.24144/2307-3322.2024.86.2.37
- Vysotskyi, O.Yu. (2023), “Legitimacy in international law: essential and communicative dimensions”, in: Ishchenko, I.V. (Ed.), The global information space as a factor in the development of international relations. Lysenko M.M. Publishing House, Nizhyn,120-209. https://doi.org/10.15421/342406
- Kovalchuk, V., (2020), “Legitimacy of power as a legal phenomenon and its manifestations under conditions of democratic transformation”, Bulletin of the National University “Lviv Polytechnic”. Series: Legal Sciences, Vol.4, PP. 272-82. https://doi.org/10.23939/law2020.28.272
- Kuchuk, A.M. (2023), Law in the postmodern era: legal discourse, Yuridyka Publishing House, Odesa.
- Korniienko, M.V. (2023), Ensuring human rights by law enforcement agencies under extraordinary conditions: a doctrinal aspect, Yuridyka Publishing House, Odesa.
- Minchenko, O.V. (2019), General theoretical and methodological foundations of the system of legal-linguistic knowledge, National Academy of the Prosecutor’s Office of Ukraine, Kyiv.
- Kuchuk, A.M. (2017), Fundamentals of the theory of legal polycentrism, Dnipropetrovsk State University of Internal Affairs; Lira LTD, Dnipro.
Minchenko, O.V. (2018), “Legal-linguistic interpretation of legal texts: general theoretical aspect”, State and Regions. Series: Law, Vol.3, PP. 22-27.