Вісник НЮУ імені Ярослава Мудрого: Серія: Філософія, філософія права, політологія, соціологія (Feb 2018)
THE BEING OF LAW AND THE BEING IN THE LAW: FROM PERFORMATIVE TEXT TO PERFORMANCE
Abstract
Problem setting. In modern philosophy, the pursuit of the authenticity of a reality ends in the fact that it finds itself in a simulative field of virtuality. Virtual reality is guaranteed by special technologies of reproduction and visualization, openness and self-organization of systems. The problem of the meaning and effectiveness of law today can also be solved through the methodology of virtuality, visual means of reproduction and ways of expressing the law, as well as the principle of dynamism. It is an attempt to re-read the concept of the dynamism of law along with the search for new forms of its being presented in this study. Recent research and publications analysis. Philosophical tradition of the dynamic nature of law is now developed by I. Chestnov, V. Chetvernin, A. Polyakov, S. Maksimov, A. Stovba and other Russian and Ukrainian philosophers. Significant experience in this area belongs to the European representatives of the communicative paradigm. J. Austin in the framework of communicative philosophy developed the theory of performative discourse. According to this theory, speech acts that have the character of an order, demands or vows are not statements, but actions. H. Hart applied the theory of performative statements to legal texts and discourses. Among the Russian scientists V. Ogleznev, J. Gryaznova, J. Kupchenko are engaged in the problem of legal performative. The Polish researcher E. Domanskaya notes that performativity is becoming a new modern paradigm of cognition and methodology of science. The technique of performance in art and its expressive possibilities are the subject of research by S. Kornev, P. Waibel, S. Zizek, K. Malabu. Performance as an ontological space for the production of presence and a special technique for provoking the corporeality of things is the subject of research by V. Rybakov, H. Gumbrecht. At the same time, the question of the possibility of using the performance tactics in the practice of reproduction of justice remains open. In this study, performance is seen as a special way of being the law. The law-performance equips the presence of a subject in it. Paper objective. The purpose of this study is to study the expressive possibilities of artistic performance, as well as the ontological analysis of legal reality in a format of performance. The dynamic structure of the law-performance is regarded here as a guarantee of inter-action of the mutual influence of the legal reality and the understanding subject. Paper main body. If the communicative theory of law saw the effectiveness of law in the language performative structures, the latter methodological experiments went beyond the text and justify the use of artistic practice of performance in the field of being and understanding of law. Text as a form of being does not exhaust the essence of law. A multi-layer self-organized structure of law needs more complex expression systems than representations. Such a system is a performance. It provokes more and more possibilities of law, forms of its being. The goal of the performance in modern philosophy and art is to get rid of the comments. The goal of performance as a method of law is to rid the law of excessive semantic stability and the dictates of values. The language and text of the law should be in the service of the event, things and the body, and not vice versa. At first glance, the replacement of a legal statement or verdict with an open event, as well as the replacement of a retired arbiter-lawyer by a participant experiencing this event, make legal practice very far from legal science and legal truth. However, the reproduced life event is closest to the thing that the legal sciences call justice. Therefore, the degree of the presence of law in the reconstituted situation should not be determined by interpretation and imposition of legal myths (norms and precedents). Such a living justice can not be established by anyone. In the performance, this justice is actualized from the event itself in the format of an open presence. A legal event is a pure performance of its participants - the author and the viewer. It generates an unexpected, but true justice, which can not be fixed without depriving it of meaning. A new and new reset of the situation with the help of performances can multiply legal justice in its performative corporeality. At the same time, legal sentences, decisions, norms and interpretations that have frozen in their senses, contain the law formally, but they are farther away from its actual presence in fact. Conclusions of the research. Thus, from the lost validity of law, through its virtual effectiveness in performance, the subject comes to the presence of law in life and the presence of itself in the reality of law. This significantly changes the representation of modern man about the meaning and possibilities of law, brings to his consciousness not legal truths, but the very truth of law, which should be understood as the main value.
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